IN THE CASE OF:
BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140011907
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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show:
* his service in Korea
* award of the Purple Heart and any other awards he may have earned
* active service from 1949 to 17 June 1954 instead of 24 October 1951 to 17 June 1954
2. The applicant states:
* his length of service in the U.S. Army was from 1949 to 17 June 1954 and not 24 October 1951 to 17 June 1954 as stated on his DD Form 214
* he was possibly injured by a bullet during the Korean conflict
* his DD Form 303A (Discharge Certificate) states that he was discharged on 23 October 1951 and reenlisted on 24 October 1951
* the errors are preventing him from receiving disability benefits and any accompanying awards
3. The applicant provides his DD Form 214 and a DD Form 303A (Certificate in Lieu of Lost or Destroyed 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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents he provided.
3. He provides a DD Form 303A which shows he received an honorable discharge from the Army of the United States on 23 October 1951. It also shows the entry "Subsequent service: Enlisted 24 Oct 1951."
4. The DD Form 214 he provides shows he enlisted in the Regular Army on 24 October 1951. On 17 June 1954, he was honorably released from active duty. The DD Form 214 issued at that time shows in:
* item 23 (Other Service) 8 months and 6 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* Army of Occupation Medal (Germany)
* National Defense Service Medal
* item 28 (Most Significant Duty Assignment) he was assigned to Battery B, 5th Antiaircraft Artillery Automatic Weapons Battalion, Army Post Office 633 (Germany)
* item 29 (Wounds received as a result of action with enemy forces) shows the entry "None."
5. A review of the available records indicates he is not entitled to any additional awards.
6. 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.
7. Review of Army Regulation 600-8-22 failed to reveal any additional awards to which applicant may be entitled.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show the Purple Heart. Unfortunately, the few records available do not indicate that he was injured as a result of hostile action.
2. There is no evidence showing he served in Korea and his prior service is properly recorded in item 23 of his DD Form 214. There is no basis for correcting his DD Form 214 to show any additional active service or service in Korea.
3. There is no evidence indicating that he is entitled to any additional awards, and the awards he did receive are properly recorded on his DD Form 214. There is no basis for correcting his DD Form 214 to show additional awards.
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) AR20140011907
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ABCMR Record of Proceedings (cont) AR20140011907
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