IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140007784 


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.  He states he was injured in Korea in 1963 while serving on the demilitarized zone (DMZ).  He and other Soldiers crossed into the DMZ to silence a large speaker in North Korea.  On the way back, they ran into North Koreans on the north side of the DMZ.  Shots were fired on both sides.  He was wounded by shrapnel in the right shoulder.  They took care of the wounds the best they could with what they had.  In July 1963, he was treated at the dispensary in the company area.  Six months later he was sent to the 121st Evacuation Hospital, where he stayed for 14 days.  Part of his right clavicle was removed.  He does not remember any of the Soldiers who were there at the time.  

3.  He provides excerpts from his service medical records.  

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.  On 6 November 1962, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record), which appears to have been reconstructed, shows in:

* item 38 (Record of Assignments), he was assigned to duty in Korea with the 8th Cavalry from 3 May 1963 to 28 April 1964
* item 40 (Wounds), no entry indicating he was wounded  

4.  On 26 November 1965, he was honorably released from active duty.  

5.  His Official Military Personnel File is void of documentation showing he was wounded as a result of hostile action or awarded the Purple Heart.  

6.  His complete service medical records are not available for review.  However, he provides the following:

	a.  A Standard Form 513 contains entries dated December, January, February, and March 1963.  None of the applicant's identifying information appears on the form.  

		(1)  An entry dated 12 December 1963 documents a right shoulder injury incurred in August 1963 that resulted in a painful shoulder with limited motion.  An X-ray showed irregularities in the right acromio-clavicular joint.  The patient was referred to the Orthopedic Clinic at the 121st Evacuation Hospital in Korea.  

		(2)  An entry dated 16 December 1963 made at the 121st Evacuation Hospital states the patient, a 22-year-old male, injured his right shoulder in July (1963).  The diagnostic impression was of an old acromio-clavicular separation with painful traumatic arthritis.  The form does not clearly state what caused the injury.  

		(3)  On 13 January 1963, the patient was admitted for surgery, which appears to have been successful.  

	b.  A Statement of Hospitalization, dated 27 January 1964, shows he was hospitalized from 13 through 27 January 1964.  

	c.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 27 January 1964, contains a partially-legible entry showing he was diagnosed with arthritis, right acromio-clavicular joint, "due to old [illegible] in July 63."  The condition was determined to have been incurred in the line of duty.  

	d.  A Report of Medical History, completed on 9 November 1965 in conjunction with his separation processing, shows the entry "Fractured collar bone (right) at age 23, no [loss of motion]." 

7.  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:

The evidence of record indicates the applicant incurred a shoulder injury in July 1963 while serving in Korea.  Unfortunately, there is no documentary evidence corroborating his claim that he was wounded by shrapnel or that his injury was the result of hostile action.  In the absence of such evidence, there is an insufficient basis upon which to award him 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)                                         AR20140007784



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007784



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1