IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130001916
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 he was never awarded a Purple Heart for the wound to his right ear (hearing loss) that he received in Korea when a Chinese Communist grenade went off in their trench. Two Soldiers were killed and he and another Soldier were wounded.
3. The applicant provides a copy of his Department of Veterans Affairs Rating Decision.
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 available records show the applicant enlisted in the Regular Army on 10 January 1949 and he was honorably discharged by reason of disability on 28 April 1950.
3. He was inducted into the Army of the United States on 1 June 1952 and served as a medic with the 14th Infantry Regiment, 25th Infantry Division, in Korea. He was awarded the Combat Medical Badge on 9 December 1952. He was honorably released from active duty on 28 February 1953.
4. He was again inducted into the Army of the United States on 18 December 1953 and he was honorably discharged on 5 July 1955 due to hardship.
5. He enlisted in the Army National Guard on 2 November 1958 and he was honorably discharged on 1 November 1960.
6. He again enlisted in the Regular Army on 21 December 1960 and remained on active duty through a series of continuous reenlistments. He served two overseas tours of duty in Germany, two overseas tours of duty in Vietnam, and another overseas tour of duty in Korea.
7. On 29 February 1980, he was honorably retired. He was placed on the Retired List in pay grade E-7 effective 1 March 1980. He completed 23 years, 10 months, and 24 days of total active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for his final period of service shows no evidence of being awarded the Purple Heart.
8. A review of his officials records, though somewhat incomplete, show no evidence of being wounded or being treated for any wounds. Additionally, his name is not contained on the Korean War Casualty Listing.
9. 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. While the sincerity of the applicant's claim that he was wounded as a result of enemy action is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application that he qualifies for award of the Purple Heart.
2. The available records failed to show any evidence that the applicant was wounded or that treatment for such wounds was made a matter of record.
3. In the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Korean and Vietnam Wars. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20130001916
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ABCMR Record of Proceedings (cont) AR20130001916
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