BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130013448
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was wounded in action three times and awarded three Purple Hearts.
2. The applicant states he was wounded in the Republic of Korea three times. The Department of Veterans Affairs (VA) has granted him service connection for these wounds.
3. The applicant provides copies of:
* documents from his service medical records dated between 29 July and 13 November 1951
* General Orders Number 304 (last page only), 8009 Army Unit, dated 5 September 1951
* DD Form 214
* Honorable Discharge Certificate, dated 30 October 1956
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 member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this specific request.
3. The documents from the applicant's service medical records show:
a. on 27 July 1951, he was struck in the right knee by a fragment from enemy mortar fire; and
b. on 1 September 1951, he was wounded by enemy mortar shell fragments that penetrated his right posterior chest, pneumothorax, traumatic.
4. The applicant's DD Form 214 reports that he was wounded in action on
27 July and 1 September 1951 and he had been awarded the Purple Heart with Oak Leaf Cluster.
5. The applicant's name appears on the Korean War Casualty List as a combat casualty. It shows he was admitted for treatment of wounds on 28 July and
1 September 1951.
6. A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from the period of the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). A search of the SGO Files shows the applicant was hospitalized:
a. 6 days from 28 July 1951 for a penetrating wound to his right knee, caused by enemy action;
b. between 70-79 days from 1 September 1951 for a penetrating wound to the thorax, thoracic wall, and pleural cavity, caused by enemy action; and
c. for 20-29 days from September 1952 for verruca vulgaris (wart) to the foot. The causative agent was not identified.
7. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was wounded in action three times and awarded three Purple Hearts.
2. The available evidence shows the applicant was wounded as a direct result of enemy action. For these two wounds he was awarded the Purple Heart with Oak Leaf Cluster. The available evidence also shows he was hospitalized for medical treatment to his foot. However, there is no evidence showing this condition was connected in any way to enemy action. Therefore, a third award of the Purple Heart is not authorized.
3. In view of the above, the applicant's request should be denied.
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 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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