IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020895
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 that he was injured in Korea in December 1981 and his battalion commander advised him that he would receive the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 enlisted in the Regular Army on 29 December 1980 for a period of 3 years. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a tactical field wireman at Fort Gordon, Georgia before being transferred to Korea on 19 May 1981 for assignment to Headquarters and Headquarters Company, 1st Battalion, 9th Infantry Regiment, 2nd Infantry Division.
3. The applicant sustained third degree burns to his right elbow and was transferred to Tripler Army Medical Center in Hawaii on 22 January 1982 and remained there until 28 April 1982 when he was transferred to Fort Stewart, Georgia.
4. On 12 December 1983, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years, 11 months and 14 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, Overseas Service Ribbon and his marksmanship badges.
5. A review of his official records failed to show any evidence of the applicant being awarded the Purple Heart or any evidence to show he met the requirements for award of the Purple Heart.
6. 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. The applicants contention that he should be awarded the Purple Heart for injuries received in Korea in 1981 has been carefully considered and found to lack merit.
2. While it appears that he was indeed injured in Korea and was subsequently transferred to Hawaii for treatment, the applicant has failed to show through the evidence of record and evidence submitted with his application that the injury was the result of enemy action.
3. Therefore, in the absence of such evidence, there appears to be no basis for granting the applicants request.
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) AR20140020895
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ABCMR Record of Proceedings (cont) AR20140020895
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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