IN THE CASE OF:
BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20120020193
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 award of the Purple Heart (PH).
2. The applicant states as a result of patrol action in the Republic of Korea (ROK) he was taken to a hospital and a medical doctor took something out of his leg. The applicant states he was confined (in the hospital) for 2 weeks.
3. The applicant provides:
* DD Form 667 (Claim for Combat Pay), dated 30 September 1952
* DA Form 137 (Installation Clearance Certificate), dated 3 November 1952
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
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 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. 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 applicant's 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 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 the applicant's records were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 3 February 1951. He was honorably released from active duty on 3 November 1952 and he was transferred to the Enlisted Reserve Corps to complete his remaining service obligation. His DD Form 214 shows in:
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) the:
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Combat Infantryman Badge
* item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "NONE"
4. The applicant provides a DD Form 667, dated 30 September 1952, that shows he applied for combat pay from December 1951 to May 1952.
The document originally showed a typed "X" under the "NO" block for the question "I was hospitalized as a result of being injured or wounded in action." This form was signed by the applicant on 30 September 1952. However, this form was altered in that the "X" in the "NO" was crossed out and an "X" was handwritten in the "YES" block with the annotation "This is in error. Please check my records."
5. Review of Korean War casualty listing does not show the applicant's name as a casualty. Additionally, the applicant did not provide any corroborating evidence that shows he was wounded or treated for wounds as a result of hostile action in Korea.
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile
action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records are not available for review.
2. In order to be awarded the Purple Heart, there must be substantiating evidence to verify that he was a wound as a result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record.
3. Unfortunately, medical records confirming treatment for a wound as a result of hostile action are not available. Additionally, the applicant's name does not appear on the Korean War casualty listing.
4. In view of the foregoing, there is insufficient evidence to warrant granting the applicant's request.
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) AR20120020193
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ABCMR Record of Proceedings (cont) AR20120020193
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