IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011326 


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 the Combat Infantryman Badge (CIB) and a copy of his medical records.

2.  The applicant states he was wounded in Korea, in combat, and has a service-connected disability.

3.  The applicant provides a Standard Form 180 (Request Pertaining to Military Records), dated 4 May 2012.

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 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was inducted into the Army of the United States at Fort Buchanan, Puerto Rico on 13 March 1951.  He entered active duty that same day.  

	a.  While his DD Form 214 does not list his specific military occupational specialty (MOS), item 4 (Component or Branch or Class) does list his branch as infantry.

	b.  He was honorably discharged on 16 December 1953, after completing 
2 years, 9 months, and 4 days of net service, of which 1 year and 22 days was credited as foreign and or sea service.  

	c.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* National Defense Service Medal

	d.  Item 28 (Most Significant Duty Assignment) lists Tank Company, 65th Infantry Regiment, Army Post Office (APO) Number 468 (Korea).

	e.  Item 29 (Wounds Received as a Result of Actions with Enemy Forces) contains the entry "None."

4.  His name is not listed in the Korean War Casualty File.

5.  It appears he enlisted in the Regular Army after he was discharged on 
16 December 1953, because Special Orders Number 245, issued by Headquarters, Personnel Center, Fort Buchanan, Puerto Rico on 12 December 1956, lists his MOS as 131.60 (Armor) and shows he was discharged from active duty on 11 December 1956, and that he would be issued a DD Form 214.  However, this DD Form 214 was not in his available records.


6.  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.

7.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.

8.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

9.  The ABCMR is not a records custodian; the National Personnel Records Center (NPRC), an agency of the National Archives and Records Administration, maintains control of military personnel records, now referred to as the Official Military Personnel File (OMPF).  The OMPFs held at the NPRC are administrative records containing information about the subject's military service history.  Many OMPFs contain both personnel and former active duty health records, but the service branches discontinued retiring the health record portion to the NPRC in the 1990s.  On 16 October 1992, the Army began retiring its former members' health records to the Department of Veterans Affairs (VA).  The VA Records Management Center in St. Louis, MO became responsible for maintaining active duty health records and managing their whereabouts when on loan within the VA.  For medical records, applicants may call the VA toll free number at 1-800-827-1000 to identify the current location of specific health records and to find out how to obtain releasable documents or information.  The toll free number will connect the caller to the nearest VA office. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and the CIB and a copy of his medical records was carefully considered.

2.  Item 29 of the DD Form 214, which is used to list wounds received as a result of action with enemy forces, contains the entry "None," and his name is not listed in the Korean War Casualty File.  The applicant has not provided and his records do not contain any evidence to show he was engaged with enemy forces or that he was wounded as a result of enemy action.

3.  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 medical personnel, and the medical treatment must have been made a matter of official record.

4.  The three basic requirements for award of the CIB are that a Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

5.  The applicant's MOS at the time of his service in Korea is unclear.  It is possible he held an infantry MOS but it is equally possible he held an Armor MOS.  He has not provided and his records do not contain any evidence showing he satisfactorily engaged the enemy in combat with his unit.

6.  Based on the foregoing, there is insufficient evidence to grant the requested relief.

7.  The ABCMR is not the custodian of service personnel or medical records, and is, therefore, unable to provide the requested copies of medical and personnel records.  

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)                                         AR20140011326





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ABCMR Record of Proceedings (cont)                                         AR20140011326



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