IN THE CASE OF:
BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130006324
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 never received his Purple Heart
* he was wounded on Easter in 1953
* a medic assigned to the 224th Regiment Combat Team attached to the 40th Division treated him for his combat shrapnel wound of his left ankle to include frostbite of both legs
3. The applicant provides a copy of 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 applicants 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. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 31 January 1952. He served in Korea and he was honorably released from active duty on 30 October 1953.
4. His DD Form 214 does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his
DD Form 214 shows the entry "NONE."
5. There are no orders for the Purple Heart in the available records.
6. His name does not appear on the Korean casualty roster.
7. There is no evidence of record which shows he was diagnosed with severe frostbite.
8. 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 by medical personnel, and the medical treatment must have been made a matter of official record.
9. While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award. Until 23 August 1951, Army Regulation 600-45 (Decorations), which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. An element pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized. The Purple Heart was no longer authorized for severe frostbite injuries after 23 August 1951.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded in Korea on Easter in 1953.
2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards. The Purple Heart requires evidence to verify:
* that the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. Although he contends he suffered frostbite injuries to both legs, after 23 August 1951 the Purple Heart was no longer authorized for severe frostbite injuries.
4. There is no evidence of record that shows he was wounded or injured as a result of hostile action in Korea. Regrettably, therefore, there is insufficient evidence to support award of the Purple Heart in this case.
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) AR20130006324
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ABCMR Record of Proceedings (cont) AR20130006324
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