IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020421
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 that he be awarded the Purple Heart.
2. The applicant states, in effect, that he deployed to Korea with the 13th Field Artillery Battalion in the spring of 1952 and was injured by an enemy artillery blast which resulted in the loss of one finger and damage to another. He was knocked unconscious and awoke sometime later while his hand was being bandaged by a medic. He was then transported by truck to a tent area and his wounds were redressed and he was returned to a line company to continue fighting. He is currently receiving service-connected disability from the Department of Veterans Affairs (VA) for the loss of his finger and he is not asking for anything other than what he earned while serving his country.
3. The applicant provides a one-page statement explaining his application, two pages from his VA Rating Decision, a copy of his DD Form 214, a page from his Air Force personnel records and a history of his unit.
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 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 the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record and documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was serving in the New York Army National Guard (NYARNG) when he was ordered to active duty in a Presidential call-up on 11 September 1950. He was transferred to Japan and then to Korea with Service Battery, 13th Field Artillery Battalion and then back to Japan.
4. On 13 May 1952, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time of his discharge shows he was awarded the Army Occupation Medal with Japan clasp, Korean Service Medal with one bronze service star, and the United Nations Service Medal. He had 9 months and one day of foreign service.
5. He reenlisted on 14 May 1952 for a period of 6 years and served until he was honorably discharged in the rank of specialist second class on 13 May 1958. On 19 May 1958, he enlisted in the Regular Air Force for a period of 4 years.
6. On 22 October 2013, the applicant was granted service-connection by the VA for bilateral hearing loss (30%), amputation of right index finger (10%), tinnitus (10%), and ankylosis right middle finger (10%) effective 29 February 2012. The VA Rating Decision goes on to explain that service connection for amputation of the right index finger was granted because this condition, which existed prior to military service permanently worsened as a result of service (emphasis added).
7. A review of the available records failed to show any indication that the applicant was wounded or injured by enemy action in Korea or that treatment for such injuries were made a matter of record. Additionally, his name is not contained on the Korean Casualty Listing.
8. 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 be provided to verify that 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. While the sincerity of the applicants claim that he was wounded in Korea in action against the enemy is not in doubt, the applicant has failed to show through the available evidence of record and the evidence submitted with his application that such was the case.
2. Additionally, he has failed to show that treatment for his wounds was made a matter of record.
3. Therefore, in the absence of such evidence, there appears to be no basis for granting his request for a Purple Heart at this time.
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) AR20140020421
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ABCMR Record of Proceedings (cont) AR20140020421
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