IN THE CASE OF:	  

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150001813 


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 the Purple Heart be added to the records of her deceased father, a former service member (FSM).  She also states she is willing to appear before the Board.

2.  The applicant states her late father was issued the Purple Heart after the processing of his DD Form 214 (Report of Separation from the Armed Forces of the United States).  His records were destroyed and his family does not have a copy of the DD Form 215 (Correction to DD Form 214). 

3.  The applicant provides her birth certificate, the FSM's DD Form 214, a photograph of the FSM's headstone, and Congressional correspondence. 

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 FSM's complete military records are 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's DD Form 214 shows he was inducted into the Army of the United States and entered active duty in Houston, TX on 6 November 1951.  At the time of his separation he appears to have held an infantry specialty and his most significant duty assignment (i.e., last duty assignment) was with Company A, 224th Infantry Regiment. 

4.  His DD Form 214 shows he completed 2 years and 12 days of creditable active military service of which 11 months and 19 days was foreign service.  It also shows he was awarded or authorized the:

* Combat Infantryman Badge
* Good Conduct Medal
* Korean Service Medal with 3 bronze service stars
* United Nations Service Medal
* National Defense Service Medal

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

6.  His reconstructed records do not contain orders awarding him the Purple Heart.  Additionally, his medical records are not available for review with this case and his name is not shown in the Korean Casualty File.

7.  The applicant provides a photograph of a headstone with the FSM's name on it and the words "Purple Heart" inscribed. 

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire.
9.  Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body.  The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires. 

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The available records do not contain orders and the applicant provides none to show the FSM was awarded the Purple Heart.  But even in the absence of the orders, there are no specifics provided by the applicant such as the date of her late father's injury, the location, what caused it, and where treatment was rendered.  The photograph of a headstone with the FSM's name on it and the words "Purple Heart" is insufficient by itself to conclusively show the FSM was awarded the Purple Heart. 

3.  There is no evidence in his reconstructed records and the applicant did not provide any evidence that shows the FSM was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record.  In the absence of documentary evidence that shows the FSM was wounded or injured as a result of hostile action and treated for those wounds; regrettably, there is insufficient evidence upon which to base award of the Purple Heart and addition of this award to the FSM's DD Form 214.

4.  The applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.  In this case, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.






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)                                         AR20150001813





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ABCMR Record of Proceedings (cont)                                         AR20150001813



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