IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130006980
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 should have been awarded the Purple Heart for wounds he received during the Korean War. He was in North Korea in 1950 at a river that formed the border with China. A large Chinese bomb hit 50 feet away from him and he was so badly wounded that he was evacuated to Osaka, Japan.
3. The applicant provides no additional documents with his application.
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 (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 16 November 1948 for a period of 3 years. He served 2 years, 4 months and 2 days of foreign service and on 24 May 1952, he was honorably discharged. He had served 3 years, 6 months and 9 days of active service and his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he was awarded the Army of Occupation Medal with Japan clasp, Combat Infantryman Badge, and Korean Service Medal with five bronze service stars. In item 29, under Wounds Received as a Result of Action with Enemy Forces is the entry None.
4. A review of the Korean Casualty Listing failed to show that the applicant was reported as a casualty.
5. 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 applicants claim that he was wounded as a result of enemy action is not in doubt, there is insufficient evidence to show 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. Regrettably, 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:
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) AR20130006980
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ABCMR Record of Proceedings (cont) AR20130006980
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