IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006819
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 its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states during the Korean War he was in a bunker that was hit by grenades. The Department of Veterans Affairs (VA) had recognized shell fragment wounds of his left leg. He had been working through congressional staff and VA representatives, but none of these offices have requested his records be changed. All they did was inquire about what medals he had.
3. The applicant provides copies of a statement to a former member of his unit and his VA Rating Decision (page 1).
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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. His available military records show he entered into active service on 5 December 1951. He completed training and was awarded military occupational specialty 1745 (light weapons infantryman).
4. He was released from active duty on 25 September 1953, prior to the expiration of his term of service, and was transferred to the Army Reserve. He was credited with completing 1 year, 9 months, and 21 days of net active service and 1 year, 2 months, and 2 days of foreign service. His DD Form 214 lists the Korean Service Medal with three bronze service stars, United Nations Service Medal, and Combat Infantryman Badge.
5. On 27 January 1954, a DD Form 215 (Correction to Report of Separation from the Armed Forces of the United States) was issued correcting Item 28 (Most Significant Duty Assignment) to show: Company E, 9th Infantry Regiment, APO 248.
6. The applicant provided copies of:
a. A self-authored statement, dated 1 July 1997, to a former member of his unit. The applicant stated that he was requesting the member to verify that he, the applicant, and two other Soldiers were in a bunker on Little Gibraltar in Korea when concussion and fragmentation grenades were thrown into the bunker. As a result, the former member, the applicant, and one of the other Soldiers received wounds. Due to the severity of the former members wounds he was probably unaware that the applicant also received a minor wound to his left leg. He was also suffering from a loss of hearing which he believed was due to the explosion that occurred that night. The statement was signed and notarized by the individual on 9 January 2002.
b. A VA Rating Decision, dated 11 June 1998, which shows the applicant was granted a zero percent service-connected disability for a shell fragmentation wound to his left calf with residual non-tender scar. The decision stated that the applicants service medical records did not identify treatment or complaints associated with the left leg. A separation examination of 24 September 1953 was normal. Administrative records including his DD Form 214 did not indicate the applicant received a Purple Heart. The applicant reported he sustained a shell fragmentation wound to his left calf as the result of a grenade being thrown into a bunker on 1 March 1953 on Little Gibraltar in Korea.
7. His name is not listed on the Korean War Casualty List.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against the 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action. The document he provided was carefully considered; however, this document is insufficient to form a basis for his entitlement to this award. The document does not confirm he was wounded or treated for wounds as a result of hostile action during his period of service in Korea. The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of the Purple Heart can be made.
2. Based on the foregoing, he does not meet the regulatory requirements for award of the Purple Heart; therefore, regrettably there is insufficient evidence to award the Purple Heart and add it to his DD Form 214.
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.
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