BOARD DATE:	13 November 2014

		DOCKET NUMBER:  AR20140006104


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 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Purple Heart for a wound received in the Republic of Korea (ROK).

2.  The applicant states he was wounded in his left shoulder while serving in the ROK with Truck Company, 14th Infantry Regiment.

3.  The applicant provides the following documentation:

* Veteran’s Administration (VA) Form 8-526 (Veteran’s Application for Compensation or Pension) dated 16 July 1953
* VA Form 10-2585 (Treatment and Progress Record), dated 17 July 1953
* VA Form 2101 (Request for Army Information) dated stamped 28 August 1953
* VA Form 8-564 (Rating Sheet) dated 18 September 1953
* Letter, VA, dated 22 September 1953
* DD Form 214 (Copy Number 1)
* A letter of support from an individual who “implies” he was with the applicant in the ROK.

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, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant’s DD Form 214 reports that:

	a.  on 20 August 1951, the applicant was inducted into the Army of the United States;

	b.  his most significant duty assignment was with the Truck Company, 14th Infantry Regiment;

	c.  his awards consisted of the Korean Service Medal with two bronze service stars and the United Nations Service Medal;

	d.  he did not receive any wounds as a result of enemy action; and

	e.  on 4 July 1953, he was honorably released from active duty and transferred to the U.S. Army Reserve.

5.  The applicant’s name is not listed on the Korean Casualty Roster.

6.  The applicant’s service medical records were not available for review.

7.  Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.
8.  The documents provided by the applicant in support of this application show that he applied to the VA in the same month he was released from active duty.  These documents indicate that the applicant had stated the source of his left shoulder pain was due to a wound received while he was in the ROK.  They also indicate his contention that he had been treated for this wound at a Swedish Red Cross Hospital.  On 18 September 1953, the VA granted the applicant service connection for residuals from a shell fragment wound, effective the day after his release from active duty.

9.  The letter of support written on behalf of the applicant speaks to the conditions in the ROK at the time.  The letter clearly states that the only proof that the applicant was wounded is his scar and a card from the Swedish Hospital in Pusan thanking him for letting them help him.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Purple Heart for a wound received in the ROK.

2.  There are no available general orders awarding the applicant the Purple Heart.  The Korean Casualty Roster does not contain the applicant's name.  The applicant's DD Form 214 does not indicate he received any wounds while in action.

3.  The VA documents provided by the applicant do not refer to the applicant’s service medical records which should have been available at the time.  It appears that the VA awarded him service-connection based on their own medical examination and the statements he made.  While this evidence is sufficient to meet the standards of proof required by the VA, it unfortunately does not meet the standards required by this Board.  The applicant’s claim of being wounded as a result of the enemy is not sufficient without corroborating evidence of the circumstances surrounding such wounding and documentation showing what medical treatment was rendered at the time.

4.  In view of the above, the applicant’s request should be denied.

5.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of the applicant's service in arms.



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 that 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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                         AR20140006104



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