IN THE CASE OF:	  

		BOARD DATE:	  27 October 2014

		DOCKET NUMBER:  AR20140011287 


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 the Purple Heart was never awarded for injuries sustained on the field of battle during the Korean War.  He was in close proximity to exploding ordnance, causing a ruptured eardrum, concussion, and possible traumatic brain injury. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows the applicant enlisted in the Regular Army and entered active duty on 24 March 1952.  At the time of his separation, he held military occupational specialty 1745 (Light Weapons Infantryman) and his most significant duty assignment (i.e., last duty assignment) was with Company B, 325th Infantry Regiment (Airborne). 

4.  His DD Form 214 shows he completed 3 years of creditable active military service of which 10 months and 27 days was foreign service.  He appears to have served in Korea during the Korean War, but his exact dates of service are unknown. 

5.  Item 26 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

6.  He was honorably released from active duty on 23 March 1955 and he was transferred to the U.S. Army Reserve, Pennsylvania Military District, to complete his remaining service obligation.   His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* United Nations Service Medal
* Parachutist Badge
* one overseas service bar
* Good Conduct Medal 

7.  His reconstructed records do not contain orders awarding him the Purple Heart.  Additionally, his medical records are not available for review with this case and his name is not shown in the Korean Casualty File.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.

2.  There is no evidence in his reconstructed records and he did not provide any substantiating evidence that shows he was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record.  

3.  In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.

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 concerned to know that 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 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)                                         AR20140011287



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ABCMR Record of Proceedings (cont)                                         AR20140011287



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