IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140001567
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 and correction of his
DD Form 214 (Report of Separation from the Armed Forces of the United States) to add any additional awards to which he is entitled.
2. The applicant states:
a. He never received any of his awards. When he was shipped overseas, his first stop was Tokyo, Japan where he was sent to a school. After he completed the school he was transferred to an anti-tank unit in Korea. After this he was subsequently sent to a Field Artillery unit and then to Battery A, 625th Field Artillery Battalion, 40th Infantry Division.
b. One day he was returning from taking a warrant officer to headquarters when his Jeep was struck by a mortar or a mine. The Jeep was blown up. However, he is not sure exactly what happened because he woke up on a hospital ship. He lost his left testicle and suffered wounds to his groin and the back of his legs. He was on the hospital ship for approximately 5 or 6 weeks. He healed quickly and was returned to his unit. When he returned to his unit he was able to take several photographs.
c. While he was serving with the Field Artillery he got frostbite on his feet and lost his toenails. His toenails never grew back correctly.
d. The infantry unit he belonged to did not have fresh water. The water his unit used came from streams and was treated in lister bags. Most of the company contracted pyorrhea. A few months after he returned he lost all of his teeth and had to purchase dentures.
e. He is not asking for monetary compensation for his injuries; he only wants recognition for his service. He never received the Purple Heart or any other awards.
3. The applicant provides:
* self-authored statement, undated
* six photographs
* DD Form 214
* letter from the National Personnel Records Center (NRPC), undated
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 NRPC in 1973. It is believed his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States and entered active duty on 17 August 1951. He held military occupational specialty 1812 (Heavy Weapons Infantryman) and attained the rank of private first class.
4. His record does not contain any medical records or orders awarding him the Purple Heart. Additionally, his name was not listed on the Korean War casualty roster.
5. He was honorably released from active duty on 25 June 1953. His DD Form 214 shows his most significant duty assignment as Company D, 223rd Infantry Regiment, Korea. He was credited with 1 year, 10 months, and 4 days of net active service of which 1 year, 2 months, and 10 days were credited as foreign and/or sea service. His DD Form 214 indicates he did not receive any wounds. Additionally, he was awarded or authorized the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and the United Nations Service Medal.
6. The applicant provided six photographs that show:
* a Soldier standing next to a Jeep
* a caution sign on the side of a snow covered road bank
* a Jeep which appears to have fallen down an embankment and been damaged
* several Soldiers standing together
* his feet and toenails
* his mouth and dentures
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 600-8-22 states the National Defense Service Medal 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.
9. 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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.
2. The applicant's records did not contain and he did not provide any medical records to show he suffered a combat wound or injury or that he was treated for a combat wound or injury. Additionally, there is no reference in his available service records to a combat injury or wound or treatment for such injury or wound. There is no documentation that shows he was recommended for or awarded the Purple Heart and his DD Form 214 does not show he was wounded.
3. The sincerity of the applicant's comments that he was wounded/injured during the Korean War is not in question. However, based on the available record, there is an insufficient evidentiary basis for awarding him the Purple Heart.
4. The applicant served a qualifying period of time in Korea for the Republic of Korea War Service Medal. He also served a qualifying period for the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to add these awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 the Republic of Korea War Service Medal and the National Defense Service Medal to his DD Form 214.
2. The Board further determined that 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 the Purple Heart.
3. The Board wants the applicant and all others concerned to know that 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) AR20140001567
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ABCMR Record of Proceedings (cont) AR20140001567
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