IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130003602
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 that he be awarded the Purple Heart.
2. The applicant states he was stationed in Korea and was taking food to the troops with the use of a Korean driver. He goes on to state that the ammo dump was blown up and he received shrapnel in his left eye; however, because they were on a critical mission he did not receive treatment from medical personnel despite the fact that it drew blood.
3. The applicant provides a third party handwritten statement from a former member of his unit who states that they were taking food to the troops when the Korean driver made a wrong turn that cause the truck to turn over and eject the applicant from the truck. He continues by stating that because the ammo dump was blown up he did not get medical attention due to everyone having to take cover or get hurt.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the limited documents in his reconstructed record and those documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 14 September 1951. He completed his training at Aberdeen Proving Ground, Maryland and was transferred to Korea for assignment to the 858th Ordnance (Ammo) Company.
4. On 4 September 1953 he was honorably released from active duty (REFRAD) in the rank of private first class. He had served 1 year, 11 months and 20 days of active service and his DD Form 214 (Report of Separation from the Armed Forces of the United States) issued at the time of his REFRAD shows that he was awarded the Korean Service Medal with four bronze service stars and the United Nations Service Medal. It also reflects the entry NONE in block 20 (Wounds Received as a Result of Action with Enemy Forces).
5. A review of the available records failed to show any evidence of the applicant being wounded in Korea or being treated for any wounds. Additionally, his name is not contained on the Korean Casualty Listing.
6. 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. Announcement in orders is required for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was wounded in Korea is not in doubt, there is insufficient evidence to show he qualifies for award of the Purple Heart.
2. There simply is insufficient evidence to show that his wound/injury was the result of enemy action or that treatment for his wound/injury was made a matter of record.
3. Therefore, in the absence of such evidence there appears to be no basis to grant the applicants request for award of the Purple Heart.
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 that 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 that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. 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.
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