IN THE CASE OF:	  

		BOARD DATE:  13 March 2014

		DOCKET NUMBER:  AR20130012558 


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, in effect, award of the Purple Heart and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all awards to which he is entitled.

2.  The applicant states, in effect, he injured his back when the tank he was riding in hit a landmine.  He was taken to an aid station for treatment and was told that he had a cracked vertebrae.  He also states that 2 to 3 weeks later he sustained head and shoulder injuries during a mortar attack when he was hit by falling rocks caused by the explosions which collapsed his helmet on the side of his head.  Again he was taken to an aid station; however, he was never awarded the Purple Heart for his injuries.

3.  The applicant provides a self-authored statement describing the circumstances; a copy of his DD Form 214; illegible copies of documents from his records; a magnetic resonance imaging report, dated 26 November 2003; and a letter from his Congressional representative.

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 documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was serving in the Kentucky Army National Guard (KYARNG) when he was ordered to active duty on 21 September 1950.  He was subsequently transferred to Korea for duty with the 3d Infantry Division for a period of 9 months and 22 days.

4.  On 6 July 1952, he was honorably released from active duty at Fort Knox, Kentucky, and transferred to the KYARNG.  He completed 1 year, 9 months, and 16 days of active service.  His DD Form 214 shows he was awarded or authorized the Korean Service Medal with one bronze service star and United Nations Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "NONE."

5.  A review of the available records failed to show any evidence of the applicant being wounded or injured or of any treatment for any such wounds or injuries.  Additionally, the applicant's name is not contained on the Korean War 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 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.

7.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was twice wounded/injured during the Korean War is not in doubt, he has failed to provide sufficient evidence to substantiate his claim.

2.  In the absence of evidence to show he was wounded or injured as a result of enemy action and that treatment for his wounds/injuries were made a matter of record, there appears to be no basis to award him the Purple Heart at this time.

3.  However, the applicant served during qualifying periods for award of the NDSM and ROKWSM.  Accordingly, they should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the NDSM and ROKWSM to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him 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.

ABCMR Record of Proceedings (cont)                                         AR20130012558



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ABCMR Record of Proceedings (cont)                                         AR20130012558



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