BOARD DATE:	  30 July 2013 

		DOCKET NUMBER:  AR20120023052 


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 and correction of his 
DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Purple Heart.

2.  The applicant states, in September 1952, while a member of K Company, 23rd Infantry Regiment he was wounded in action by the enemy when he was hit in the back by shrapnel on Arrowhead Ridge in Korea. 

3.  The applicant provides:

* An internet printout titled "The 23rd Infantry Regiment Korean War Years"
* Statement from a former unit member
* DD Form 214, ending on 22 April 1953
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), ending on 1 November 1988
* Special Orders (SO) Number 201, Combat Infantryman Badge
* Enlisted Roster, dated 31 July 1952, K Company, 23rd Infantry

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 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 available evidence shows the applicant was called from inactive duty and entered active duty on 10 May 1951.  At the time of his separation his most significant duty assignment (i.e., last duty assignment) was with K Company, 23rd Infantry Regiment. 

4.  His DD Form 214 shows he completed 1 year, 11 months, and 13 days of creditable active military service of which 1 year and 3 days was foreign service. It also shows he was awarded or authorized the United Nations Service Medal, Combat Infantryman Badge, and Korean Service Medal with bronze service star. 

5.  Item 26 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

6.  His reconstructed records do not contain orders awarding him the Purple Heart.  Additionally, his medical records are not available for review with this case and his name is not shown in the Korean Casualty File.

7.  He served in the U.S. Army Reserve from 23 April 1953 through 30 June 1967.  He then enlisted in the Army National Guard on 2 March 1976 and he was ultimately retired on 27 December 1989.  

8.  He provides:

	a.  An internet printout, titled "The 23rd Infantry Regiment Korean War Years." The author of this article chronicles the 23rd Infantry Regiment's deployment to and service in Korea. 

	b.  A statement, dated 9 October 2012, from an individual who states he served with the applicant from approximately March 1952 to June 1953, in the 1st Platoon of K Company, 23rd Infantry Regiment, 2nd Infantry Division.  Their first day together in combat was in the Battle of Old Baldy (Hill 366) on 18 July 1952.  They also served at the Battle for Arrowhead (Hill 281) and another battle at Outpost Alligator Jaws.  They returned to the mainland and they were in reserve until May 1953.  Most of the men in those battles have trouble with their hearing since Korea. 

	c.  A separate and incomplete statement, with no author, and that appears to be an extract of some book or self-authored memoirs. 

	d.	A unit roster of K Company, 23rd Infantry. 

9.  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.  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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.

2.  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.







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)                                         AR20120023052





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ABCMR Record of Proceedings (cont)                                         AR20120023052



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