IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140017177 


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 the award of the Purple Heart for injuries sustained during the Korean War.

2.  The applicant states, in effect:

* he was driving a truck down a mountain, while in Korea during the Korean War, when the rear wheel came off
* when the wheel came off, his brakes did not function so he could stop the vehicle
* the truck was loaded with ammunition and he was bringing this ammunition to his platoon
* he ran into the side of the mountain to avoid going over the side of the mountain and accidently hitting members of his platoon who were situated below
* as a result of running into the side of the mountain, he injured his back; he was taken to a field hospital, then sent back to his unit
* he has suffered from back pain ever since
* he has tried to get help from various chiropractors, most of whom have since died
* he experiences numbness in his legs and must take medication
* he is receiving 30 percent disability compensation for the loss of his hearing and was recently found to have even more hearing loss
* he received a Bronze Star Medal but he feels he should also have received a Purple Heart because he risked his life to save the members of his platoon
* his records were destroyed in the fire at the records facility in St Louis, MO; his Congressman has tried to help retrieve records but was unsuccessful
* he is now 82 years old and knows in his heart he did the right thing
* he has included a compact disk (CD) which contains medical information about his back from the Department of Veterans Affairs (VA)
* it would mean a lot to him if he could receive the Purple Heart 

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* CD from VA regarding magnetic resonance imaging (MRI) for the applicant's lumbo-sacral spine

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.  It is believed that the applicant's records were lost or destroyed in that fire.  He provides a DD Form 214 and all that could be located after an exhaustive search was:

* Special Orders Number 230, dated 22 October 1954, issued by Headquarters, Transfer Station, 2053rd SU Personnel Center, which released the applicant from active duty to U.S. Army Reserve Control Group (Reinforcement)
* a DD Form 214
* an Honorable Discharge Certificate


3.  The applicant was inducted in the Army of the United States on 23 October 1952.  He was honorably released from active duty on 22 October 1954.

4.  His DD Form 214, as amended by a DD Form 215 (Correction of DD Form 214), shows:

	a.  Item 22 (Net Service Completed for Pay Purposes), 2 years.

	b.  Item 26 (Foreign and/or Sea Service), 1 year, 1 month, and 25 days.

	c.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

	d.  Item 28 (Most Significant Duty Assignment), Service Battery, 980th Field Artillery Battalion (Korea).

5.  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 that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  Although the applicant states he was injured in what was clearly an heroic circumstance, the available evidence does not show the applicant was wounded or injured as a result of hostile action nor does it show he received medical treatment and that that medical treatment of his injuries were made a matter of official record.  Regrettably, absent this evidence, there is an insufficient basis for awarding the Purple Heart to the applicant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by his service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.





      ____________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)                                         AR20140017177





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ABCMR Record of Proceedings (cont)                                         AR20140017177



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