IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130022083
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. He states:
* he served in the Korean War and sustained an injury in combat
* he has not previously applied for award of the Purple Heart for this injury
* in 1951, while mopping up after a battle, he and his crewmembers came under sniper attack
* although his team was unsuccessful in engaging the sniper, he felt he knew the sniper's location
* he prepared to engage the sniper; however, the sniper fired at him first
* a round hit a support brace on a trailer about six inches over his head
* shrapnel from either the round or the trailer brace struck him on the right side of his head
* he was treated for the injury at a field hospital near Seoul prior to being rotated out of Korea
* his unit was Battery B, 15th Antiaircraft Artillery Automatic Weapons Battalion (Self-Propelled), 36th Regimental Combat Team, 7th Infantry Division
3. He provides:
* his DD Form 214
* a self-authored statement
* a letter
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's available records show he enlisted in the Regular Army on
3 January 1949.
4. On 20 November 1951, he was honorably discharged after completing a total of 2 years, 10 months, and 7 days of active military service.
5. His DD Form 214 shows in:
a. item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons awarded or Authorized) he was awarded the Korean Service Medal with five campaign stars;
b. item 28 (Most Significant Duty Assignment) he was assigned to Battery B, 15th Antiaircraft Artillery Automatic Weapons Battalion (Self-Propelled); and
c. item 29 (Wounds Received as a Result of Action With Enemy Forces) the entry "None."
6. The applicant submitted a letter from the Red Rock Healthcare, LLC, dated
18 July 2013, which states his recent medical examination showed scarring to the right parietal arc of his head, which is consistent with shrapnel wounds that he sustained while in the military serving in Korea.
7. The applicants name is not listed on the Korean Casualty file.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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. The applicant's contention that his record should be corrected to award him the Purple Heart was carefully considered.
2. The sincerity of the applicant's contention is not in question. However, there is no evidence in the available record and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action. Regrettably, there is an insufficient evidentiary basis for awarding him the Purple Heart or amending his DD Form 214 to show he sustained a wound as the result of hostile action.
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.
ABCMR Record of Proceedings (cont) AR20130022083
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ABCMR Record of Proceedings (cont) AR20130022083
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