IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140010509 


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, through a Member of Congress, requests correction of his record to show award of the Purple Heart. 

2.  The applicant states he should have been awarded the Purple Heart for an accident that occurred during his first period of service in Korea.

3.  The applicant provides a self-authored statement.

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 record is 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 that his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his personal statement and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant was inducted into the Army of the United States on 5 February 1952.

4.  On 5 November 1953, he was honorably released from active military service and transferred to the U.S. Army Reserve.  His DD Form 214 further shows he completed 1 year, 9 months, and 1 day of creditable active military service, of which 1 year, 1 month, and 12 days was foreign service.  

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal, United Nations Service Medal, and the National Defense Service Medal.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "NA."

7.  The available evidence contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  There are also no orders awarding him the Purple Heart and his name is not shown in the Korean Casualty File.

8.  The applicant provides a self-authored statement in which he attests:

   a.  He was stationed in Korea during a period of conflict and police action in the early 1950s.  He was assigned to the 567th Medical Ambulance Company, 8th Army Division and detached to the 1st Korea Rock Army Division.

   b.  While on duty driving a military vehicle transporting patients, he was pushed off the road and side swiped by another military vehicle.  His right knee was injured during the accident and his assistant driver had damage to his nose.  The patients that were being transported did not experience injury probably because they were strapped down.
   
   c.  An accident report was filed and sent back to the 8th Army Division in Seoul, Korea; however, upon his release and to this date, he has been unable to find a record of this accident.  He received an honorable discharge upon the completion of his military service.
   
   d.  His knee was originally injured during the course of his military service and has been problematic ever since.  He received an operation on his knee in 1980 at the Department of Veterans Affairs Hospital in Lincoln Park, MI, and two subsequent operations since this time.  Because his injury originally occurred during the course of his military service, he feels he is entitled to service-connected disability.

9.  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 applicant's request for correction of his record to show award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support his request.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

3.  The applicant's service in Korea and his sincerity are not in question.  However, his record contains no medical treatment records or other documents which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in Korea.  He acknowledged his injury was the result of an accident and not as a result of hostile action.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant 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)                                         AR20140010509



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ABCMR Record of Proceedings (cont)                                         AR20140010509



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