BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140015486 


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 injured in 1952.  He was hit by a fragment or a bullet from a Chinese mortar round that injured his back and right leg.  He still has part of this fragment on his leg.  He was told the records from that period were burned. 

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States) 
* Department of Veterans Affairs (VA) rating decision
* Recent medical document
* Letter from the National Personnel Records Center 

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 applicant's DD Form 214 shows he was inducted into the Army of the United States and/or entered active duty on 26 October 1951.  At the time of his separation he held military occupational specialty 1745 (Infantryman) and his most significant duty assignment (i.e., last duty assignment) was with Company A, 38th Infantry Regiment.

4.  His DD Form 214 shows he completed 1 year, 8 months, and 16 days of creditable active military service of which 11 months and 9 days was foreign service.  It also shows he was awarded or authorized the:

* Korean Service Medal with two bronze services stars 
* Combat Infantryman badge
* United Nations Service Medal
* Combat Infantryman Badge

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

6.  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.

7.  He provides: 

	a.  Letter, dated 11 October 2013, from the National Personnel Records Center informing him of his authorization and/or entitlement to the same awards as listed on his DD Form 214.

	b.  VA rating decision, dated 3 August 1994, that shows he is entitled to non-service connected disability pension for various medical conditions. 

	c.  Medical document, dated 29 October 2013, that shows after an x-ray of the right knee, it was noted he had a 0.3 to 0.4 cm metallic density overlaying the anteromedial aspect of the lower thigh. 

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.  The applicant provides a VA rating decision confirming his award of non-service connected pension as well as a recent medical document confirming a metallic density in his lower thigh.  However, neither document confirms he was wounded as a result of hostile action or treated for such wound/injury.

3.  There is no evidence in his reconstructed records and he did not provide any 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.  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:

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)                                         AR20140015486





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ABCMR Record of Proceedings (cont)                                         AR20140015486



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