IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009789
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. The applicant states he was wounded during the Korean Conflict. He was wounded by enemy fire and should have been awarded the Purple Heart.
3. The applicant provides no additional evidence.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, his available DD Form 214 (Report of Separation from the Armed Forces of the United States), ending on 1 April 1955, and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 17 October 1957, contain sufficient information for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows he enlisted in the Regular Army (RA) on 2 April 1952. He was awarded military occupational specialty (MOS) 1812 (heavy weapons infantryman). He was released from active duty on 1 April 1955 and was transferred to the U.S. Army Reserve. He was credited with completing 3 years of active service and 11 months and 4 days of foreign service. His DD Form 214 lists in:
* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Combat Infantryman Badge
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Item 29 (Wounds Received as a Result of action with Enemy Force) the entry, "None"
4. He again enlisted in the RA on 2 April 1955. He was awarded MOS 133.10 (armor intelligence specialist). He was discharged on 17 October 1957. He was credited with completing 2 years, 3 months, and 28 days of active service and 2 years, 1 month, and 18 days of foreign service in the U.S. Army Europe. His DD Form 214 lists the Army of Occupation Medal (Germany).
5. The Korean War Casualty list does not list his name.
6. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy 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. By regulation, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured in action. There must be evidence confirming the wound or injury for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. There is no available evidence of record and he provided none showing he sustained an injury during his period of service in Korea as a direct result of enemy action for award of the Purple Heart, received medical treatment, and that treatment was made a matter of official record. His 1955 DD Form 214 does not show he was wounded in action and his name is not listed in the Korean Casualty List
3. Notwithstanding his contentions and his sincerity, there is insufficient evidence upon which to base award of the Purple Heart. Therefore, he is not entitled to award of the Purple Heart and its addition to his 1955 DD Form 214.
4. In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by his service to our Nation. The applicant and all Americans should be justifiably proud of his 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) AR20140009789
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ABCMR Record of Proceedings (cont) AR20140009789
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