IN THE CASE OF:	

		BOARD DATE:	  5 September 2013

		DOCKET NUMBER:  AR20130001479 


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.

2.  The applicant states the award was not issued at the time of his discharge.

3.  The applicant provides:

* a self-authored statement
* his 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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed most of his records were lost or destroyed in that fire.  This case is being considered using his reconstructed NPRC file.

3.  The applicant was inducted into the Army of the United States and entered active service on 7 February 1951.  He held primary military occupational specialty 1729 (Combat Construction Foremen).  He was honorably released from active duty on 19 January 1953 and he was transferred to the Enlisted Reserve Corps to complete his remaining service obligation.  He completed 1 year, 11 months, and 10 days of net active service, including 1 year, 6 months, and 4 days of foreign service.

4.  The DD Form 214 he was issued at the time shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge
* Army of Occupation Medal with Japan Clasp

	b.  item 28 (Most significant duty assignment) the entry "5th Cavalry Regiment, APO 201" [Korea].

	c.  item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "None."

5.  There is no evidence in the reconstructed records and the applicant did not provide any evidence that shows he was wounded in action at any time during his military service.

6.  Review of Korean Casualty File does not show the applicant's name as a casualty.

7.  The applicant provides a statement wherein he contends that on or about July 1952, while serving in Korea, his unit was ordered to take Hill 3/4/6, also known as Pork Chop Hill.  While taking the hill, the unit was ambushed under small arms fire and he received shrapnel from a mortar hit.  The medic that was assigned to 


the unit administered first aid to his wounds located on the right side of his back and lower right leg.  The medic told him that he would record the injuries in his medical records when they returned to the rear.  He returned back into battle the same day.  The next day they were pinned and he received another hit of shrapnel in his right arm.  The same medic treated his wounds and again told him that the injury would be recorded.  After they took the hill and returned to camp, he was later told the medic assigned to the unit was killed in action. 

8.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  He contends that during a battle on Pork Chop Hill he was injured on two separate occasions and that he received first aid from the unit medic on both occasions and returned to duty; however, the medic was killed in action before he could record the applicant's injuries.

3.  Regulatory guidance requires that there must be substantiating evidence verifying 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 to award the Purple Heart.

4.  There is no evidence of record and the applicant did not provide any supporting evidence that he was wounded in action in Korea during his active duty service.

5.  Regrettably, in view of the foregoing 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)                                         AR20130001479



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ABCMR Record of Proceedings (cont)                                         AR20130001479



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