BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140013203
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 his right palm was injured in the Korean War.
3. The applicant provides a copy of a Department of Veterans Affairs (VA) letter showing he is service connected for "war service skin condition, right palm" and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. His records were apparently lost in that fire. However, sufficient information is available to conduct a fair and impartial review.
3. The applicant was inducted on 30 September 1952. His 1 year, 9 months, and 22 days of active duty time included service in Korea.
4. He was honorably separated on 22 July 1954 and transferred to the U.S. Army Reserve as a private first class. The awards listed on his DD Form 214 are the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal.
5. In June 1984, the applicant requested a new set of medals and the Reserve Component Personnel and Administrative Center (RCPAC) informed him that, in addition to the awards listed on his DD Form 214, he was eligible for the Army Good Conduct Medal.
6. In January 2000, the applicant inquired as to whether he was eligible for the Combat Infantryman Badge (CIB) and was informed that he was not. However, the National Personnel Records Center did confirm the above-mentioned awards.
7. The applicant's name does not appear on the Korean Casualty Roster.
8. There is no information to show that the applicant was treated for a wound sustained while in action or as the result of enemy action.
9. 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 verify that the wound was the result of hostile action, that it required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
Unfortunately, there is no available evidence that the applicant was treated for a wound that was sustained while he was in action against the enemy or as the result of enemy action. In the absence of such evidence, there is no basis for awarding him the Purple Heart.
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) AR20140013203
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ABCMR Record of Proceedings (cont) AR20140013203
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