IN THE CASE OF:	   

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20140016983 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 21 April 1952 to show award of the Purple Heart.

2.  The applicant states:

* his injury was never acknowledged
* his injury was never documented due to being in combat and if it were, he is unable to verify it because his records were destroyed in a fire at the National Personnel Records Center

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 17 September 2014
* DD Form 214 for the period ending 21 April 1952
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for service in the Air Force for the periods ending 29 June 1958, 29 June 1964, and 5 November 1964 
* undated eyewitness statement from his first sergeant at the time in question
* physician records, dated 2007 and 2008



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 the applicant's 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.  His DD Form 214 for the period ending 21 April 1952 shows he enlisted in the Regular Army on 21 July 1948 for 3 years.  He served as a rifleman in Korea and he was honorably discharged on 21 April 1952.

4.  His DD Form 214 for the period ending 21 April 1952 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

5.  There are no orders for the Purple Heart in the available records.

6.  His name does not appear on the Korean casualty roster.

7.  He subsequently served in the Air Force from June 1956 to November 1964.

8.  His records contain a National Archives and Records Administration Form 13055 (Request for Information Needed to Reconstruct Medical Data), dated 2 September 1988, wherein he provided his medical history.  This form states:

* he had chronic bronchitis from September 1950 to June 1951
* he suffered a back injury in February 1976
* he was discharged from the Air Force for a personality disorder (October 1964 to November 1964)
* he had a sinus disease from September 1950 to present

9.  He provided a VA Form 21-4138, dated 17 September 2014, which states he has a handwritten letter from his first sergeant referencing incidents where he sustained an injury to his knee; suffered hearing loss due to explosions, enemy mortar attacks, and gun fire; and incurred a back injury from being thrown from explosions.

10.  He provided an undated eyewitness statement from his first sergeant during the time in question who attests:

	a.  He received a call from the applicant to confirm a fall the applicant took in 1950.  During a combat landing, his platoon troops were off loading and the applicant's rifle got tangled in the net and caused him to fall approximately 20 to 25 feet to the deck of the ship.  He sustained a deep injury to his leg and knee cap.

	b.  In March 1951, they came under enemy mortar attack and the applicant suffered hearing loss from the artillery and mortar shell explosions.

11.  He also provided physician records, dated 2007 and 2008, which show he was treated for knee pain and hearing loss.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was injured in combat in Korea.

2.  Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards.  The Purple Heart requires evidence to verify:

* that the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records

3.  There are no orders for the Purple Heart in the available records.  There is also no evidence in the available records showing he was wounded as a result of hostile action in Korea.  He did not report a combat injury on his National Archives and Records Administration Form 13055 in 1988.  In the absence of orders for the Purple Heart or any other official corroborating evidence, the eyewitness statement provided by the applicant alone is insufficient to support award of the Purple Heart in this case.

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 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)                                         AR20140016983



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ABCMR Record of Proceedings (cont)                                         AR20140016983



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