IN THE CASE OF:	  

		BOARD DATE:	  16 April 2014

		DOCKET NUMBER:  AR20130013853 


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 records to show award of the Purple Heart.

2.  The applicant states he completed Ordnance School and served with Service Company, 9th Infantry Regiment, 2nd Infantry Division in Korea.

   a.  He served during the Battle of Chorwan Valley and sustained an injury to his left eye; however, he did not receive the Purple Heart for the injury.

   b.  He adds that award of the Purple Heart will enhance his eligibility for medical benefits administered by the Department of Veterans Affairs.

3.  The applicant provides copies of a certificate, photograph, guard roster, and his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, available reconstructed records offer sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the U.S. Army on 17 July 1952, honorably released from active duty on 12 May 1954, and transferred to the U.S. Army Reserve to complete his Reserve obligation.  He had completed 1 year, 9 months, and 26 days of total active service that included
1 year, 4 months, and 3 days of foreign service.

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart;

	b.  Item 28 (Most Significant Duty Assignment) shows:  Service Company, 
9th Infantry Regiment; and

	c.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows:  "None."

4.  There are no orders or other evidence in the applicant's available military service records that show he was awarded the Purple Heart.

5.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  A search of these files failed to produce a record pertaining to the applicant.

6.  In support of his request the applicant provides the following documents:

   a.  An Eighth United States Army Korea Ordnance School certificate that shows the applicant completed the Organizational Supply course on 21 February 1953.
   b.  A copy of a photograph of a Solder with a bandaged left eye and handwritten entries indicating it is a picture of the applicant at "Chore yon Valley, Korea."

   c.  Headquarters Second Reconnaissance Company, Guard Roster, dated 
7 April 1954, that shows the applicant was listed as Sergeant of the Guard.  It also outlines the assigned tasks/duties to be performed.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded for a wound sustained while 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he sustained an injury to his left eye during the Battle of Chorwan Valley in Korea.

2.  The applicant's contention was carefully considered.

   a.  The sincerity of the applicant's comments is not in dispute.  However, in order to qualify for award of the Purple Heart there must be evidence that the individual was wounded or injured while in action in the face of the armed enemy or as a result of a hostile act of such enemy.
   
   b.  There is no evidence of record that shows the applicant was wounded or injured while in action or that he was awarded the Purple Heart.

   c.  Regrettably, the available evidence does not support such a conclusion.

	d.  Therefore, there is insufficient evidence to support award of the Purple Heart in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Korean Conflict are deeply appreciated.  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)                                         AR20130013853



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ABCMR Record of Proceedings (cont)                                         AR20130013853



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