IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150001774
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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his award of the Purple Heart.
2. The applicant states he sustained an injury to his left leg in Seoul, South Korea, while on patrol at the Demilitarized Zone. He was awarded the Purple Heart which is not listed on his DD Form 214.
3. The applicant provides a copy of a Veteran Enrollment Priority sheet.
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 the cases 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.
2. The applicant's military records show he enlisted in the Regular Army (RA) on 7 October 1971. He served in Korea from 21 January 1972 through 22 February 1973. He was assigned to Company C, 2nd Engineer Battalion, 2nd Infantry Division.
3. His records contain a DA Form 3647 (Clinical Record Coversheet), dated 13 March 1972, showing he sustained a tear to his left medial collateral ligament on 12 March 1972, while serving in Seoul, Korea. While climbing a hill, he lost his balance and fell, twisting his left leg. He was admitted to the hospital and underwent surgery. The injury was determined to be in the line of duty.
4. He served in Alaska from 1 September 1975 through 30 August 1977. He reenlisted in the RA on 22 July 1977.
5. His records also contain the following:
a. Two DA Forms 3349 (Medical Condition Physical Profile Record), dated 18 October and 18 November 1977, showing he was diagnosed with arthritis and ligament instability of the left knee. He was found medically qualified for restricted duty.
b. A DA Form 3349, dated 8 January 1979, showing he was assigned a permanent profile for degenerative arthritis of the left knee and he was pending a medical board.
c. A DA Form 3947 (Medical Board Proceedings), dated 8 January 1979, showing he was referred to a Physical Evaluation Board (PEB).
d. A DA Form 199 (PEB Proceedings) showing an informal PEB convened on 1 February 1979 and found him unfit due to post-traumatic arthritis secondary to medial ligamentous injury and lateral dislocations, patella, left knee, with a 20 percent rating. The PEB recommended his separation from the service with severance pay. He concurred and the PEB was approved on 13 February 1979.
6. He was honorably discharged on 16 March 1979, by reason of physical disability. He was credited with completing 8 years, 2 months, and 13 days of total service for pay. His military service records do not show he was awarded the Purple Heart.
7. He provided a copy of his Veteran Enrollment Priority sheet, dated 20 October 2014, in which it was stated that he was a Purple Heart recipient.
8. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy 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 evidence of record shows the applicant sustained a tear to his left medial collateral ligament as a result of climbing a hill, losing his balance and twisting his left leg, while serving in Korea. In February 1979, a PEB found he was unfit due to post-traumatic arthritis secondary to medial ligamentous injury and lateral dislocations, patella, left knee, and recommended his separation from the service with severance pay. He concurred with the PEB and he was discharged accordingly on 16 March 1979.
2. His records contain no evidence showing he sustained a wound/injury as a result of enemy action during his period of service in Korea and/or evidence indicating orders were published awarding him the Purple Heart.
3. By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record. The available evidence does not show that he met the criteria to be awarded 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) AR20150001774
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ABCMR Record of Proceedings (cont) AR20150001774
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