IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150003204
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. The applicant states he broke several bones in his right hand when it was hit by the gearshift in the unit truck he was driving. The truck had a worn transmission that would pop out. When the transmission popped out, it caused the gearshift to hit his right hand breaking several of the bones. He was in a cast for about a month.
3. The applicant provides a short post-it type note, two photographs, and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, his record did contain transcripts of a hospital report and the applicant provided his DD Form 214. As such, there are sufficient documents to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States and entered active duty on 24 February 1952. He held military occupational specialty 1745 (Light Weapons Infantryman) and attained the rank of corporal. His most significant duty assignment was with Company K, 9th Infantry Division, in the Republic of Korea.
4. The applicant was honorably released from active duty on 7 January 1955 after completing 1 year, 10 months, and 14 days of net active service, of which 1 year, 4 months, and 21 days were credited as foreign service. His DD Form 214 does not show he was awarded the Purple Heart.
5. The applicant's record contains a hospitalization listing and a document created from hospital admission cards by the Office of the Surgeon General, Department of the Army. These documents show the applicant was treated in a hospital in March 1954. His treatment lasted for 4 days and he was diagnosed with a common cold, which was classified as non-battle related. This is the only record of medical treatment available in his record.
6. The applicant provides two photographs. The first photograph depicts a male who appears to be sitting. His right hand and wrist are in a cast. The second photograph depicts three males sitting down together on what appears to be a military cot. The individual in the middle has his right hand and wrist in a cast. Both photographs are dated January 1955.
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:
1. The applicant stated he broke his right hand in Korea when the transmission of the unit truck he was driving popped out and the gear shift hit him, resulting in several broken bones. He requests award of the Purple Heart for this injury.
2. The criteria for award of the Purple Heart are clear in that the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.
3. The applicant's records did not contain and he did not provide any medical records to show he suffered a combat wound or injury or that he was treated for a combat wound or injury. Additionally, there is no reference in his available service records to a combat injury or wound or treatment for such injury or wound.
4. Only wounds sustains as a result of hostile enemy action qualify for award of the Purple Heart. The applicant applicant's broken hand was not a wound he sustained as a result as a result of hostile enemy action.
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) AR20150003204
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ABCMR Record of Proceedings (cont) AR20150003204
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