IN THE CASE OF:
BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120018810
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests two awards of the Purple Heart and an award of the Bronze Star Medal.
2. The applicant states he was told he was awarded two awards of the Purple Heart and the Bronze Star Medal. He has not received these awards.
3. The applicant provides a 2012 Department of Veterans Affairs (VA) social work consult.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's available records contain:
a. An Honorable Discharge Certificate that shows he was honorably discharged from the Army of the United States on 10 February 1950. He held the rank of corporal at the time of discharge.
b. Special Orders Number 284, issued by Headquarters, 2053rd Army Service Unit Personnel Center, Fort Meade, MD, on 5 December 1953 ordering his release from active duty on 7 December 1953.
c. A Certification of Military Service issued by the National Personnel Records Center on 11 August 1982 that shows he entered the Army on 5 March 1951 and he was honorably discharged on 7 December 1953.
4. He provides a VA document, dated 8 May 2012, wherein he stated he served in Korea as an infantry Soldier.
5. His name is not shown on the Korea Casualty Roster.
6. His reconstructed records do not contain:
* Any medical records to confirm if he were wounded in action
* Any orders confirming his entitlement to the Purple Heart or the Bronze Star Medal
7. Army Regulation 600-8-22 (Military Awards) states:
a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. With respect to the Purple Heart:
a. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
b. There is no evidence in his reconstructed records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record. In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
2. With respect to the Bronze Star Medal, there is no evidence in the available record that shows the applicant was awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________x____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120018810
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120018810
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006205
Application for correction of military records (with supporting documents provided, if any). The entry of a combat wound in the SGO records combined with the Bronze Star Medal certificate support a finding the applicant was wounded in action, received treatment by medical personnel, and the medical treatment was made a matter of official record on 23 March 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding...
ARMY | BCMR | CY2014 | 20140006579
The applicant does not provide any new evidence. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Applicants do not have a right to a hearing before the ABCMR.
ARMY | BCMR | CY2007 | 20070012392
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Purple Heart. The applicant's military records are not available for review. In the absence of evidence that the applicant sustained wounds as a result of hostile action, or was treated for those wounds and was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart in...
ARMY | BCMR | CY2013 | 20130017871
Application for correction of military records (with supporting documents provided, if any). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The FSM's available record contains the following: a.
ARMY | BCMR | CY2010 | 20100014478
Application for correction of military records (with supporting documents provided, if any). Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090014079 on 23 February 2010. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he received a second wound or injury as a result...
ARMY | BCMR | CY2006 | 20060000606C070205
There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with V Device or the Purple Heart. Therefore, it has been determined that the newspaper articles and the press release from the Congressman's office are sufficient evidence to grant the applicant's request for correction of his records to show award of the Bronze Star Medal with V Device. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120013199
His available record does not contain orders for the Purple Heart and is void of documentation that shows he was wounded in action during his service in the Republic of Korea. The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart for wounds he received in the Korean War. There is no evidence in the applicant's record and he has not provided any evidence that shows he was awarded the Purple Heart or that he was wounded or injured as a result of hostile...
ARMY | BCMR | CY2003 | 2003084884C070212
The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, the United Nations Service Medal and the Purple Heart as authorized awards. Evidence of record shows the applicant was awarded the Purple Heart for a gunshot wound to his right foot. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Good Conduct Medal and the National Defense Service Medal.
ARMY | BCMR | CY2004 | 04100913C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. There is sufficient evidence that confirms that the applicant was wounded in action and as such is entitled to an award of the Purple Heart.
ARMY | BCMR | CY2011 | 20110018212
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart for wounds and concussions sustained in Korea. Notwithstanding the applicants sincerity, there is no evidence in his reconstructed records nor did he provide any evidence which conclusively shows he was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record or...