IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012421
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 earned this award. He was attacked while on patrol supplying Kadena Air Base with fuel. The base was sending planes up every night to bomb North Korea. They were their ground crew. They also supplied the ships at the Port of Nahe. He was brought to the hospital for treatment. An individual with the name Private McMahon came and got him out of the hospital. The records at the hospital should show his injuries. The only time the word accident was used was to keep his mother calm.
3. The applicant provides does not provide any evidence.
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 that his 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. The available evidence shows the applicant enlisted in the Regular Army on 11 August 1948. At the time of his separation he held military occupational specialty 4345 (Truck Driver, Light) and his most significant duty assignment (i.e., last duty assignment) was with the Petroleum Distribution Company, 41st Engineer Battalion.
4. His DD Form 214 shows he completed 3 years of creditable active military service of which 2 years and 5 days was foreign service. It also shows he was awarded or authorized the Army of Occupation Medal (Japan).
5. Item 26 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."
6. His reconstructed records do not contain orders awarding him the Purple Heart. Additionally, his medical records are not available for review with this case and his name is not shown in the Korean Casualty File.
7. He was honorably separated on 10 August 1951.
8. Army Regulation 600-8-22 (Military Awards) provides that 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.
2. There is no evidence in his reconstructed records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record. In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
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) AR20130012421
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ABCMR Record of Proceedings (cont) AR20130012421
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