IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016278 


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 sustained injuries during the Korean War.  He was injured in or around October or December 1952.  He was not awarded the Purple Heart.

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) and Special Orders (SO) Number 20 awarding him the Combat Medical Badge.

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 enlisted in the Regular Army for 3 years on 7 February 1951.  At the time of his separation he appears to have held a medical specialty and his most significant duty assignment (i.e., last duty assignment) was with Company A, 8th MTB, 2131st Army Service Unit.

4.  His DD Form 214 shows he completed 3 years of creditable active military service of which 1 year, 2 months, and 28 days was foreign service.  It also shows he was awarded or authorized the:

* Korean Service Medal with 3 bronze services stars
* United Nations Service Medal
* Combat Medical Badge
* National Defense Service Medal
* Good Conduct Medal

5.  Item 29 (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 SO Number 20, issued by Medical Company, 9th Infantry Regiment, on 27 November 1952 awarding him the Combat Medical badge for satisfactory performance of duties in ground combat against the enemy on 27 November 1952. 

8.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  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.

	b.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

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 orders awarding him the Combat Medical Badge.  However, these orders do show or confirm he was wounded as a result of hostile action or treated for a 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)                                         AR20140016278





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ABCMR Record of Proceedings (cont)                                         AR20140016278



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