IN THE CASE OF:  	  

		BOARD DATE:  23 April 2015	  

		DOCKET NUMBER:  AR20150005097 


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:

* on 30 November 1951, he was ambushed while on a combat patrol in North Korea and received a shrapnel wound to the shoulder as the result of a mortar blast
* the mortar blast aggravated his equilibrium, resulting in a mild traumatic brain injury and tinnitus
* the weakening of his system eventually led to him contracting Korean hemorrhagic fever on 15 December 1951, which he was treated for in a 24th Division mobile Army surgical hospital from 17 December 1951 through 20 December 1951
* the medical condition was not documented in his records as hemorrhagic fever, although it was widely known at the time, but rather it was documented as unknown or of an undetermined origin
* he was treated for a recurrence of hemorrhagic fever in the Army hospital at Sendai, Japan, from 10 July 1952 through 17 July 1952
* while in the hospital, the sight of dead Soldiers near him and the hemorrhagic fever itself were the impetus for his sleep apnea and post-traumatic stress disorder (PTSD)
* due to onset of his anxiety disorder, he began to smoke three packs of cigarettes per day, have nightmares, and find it intolerable to be around people
* he requested his medical records from the National Personnel Records Center (NPRC) on many occasions, but his records were destroyed in the 1973 fire

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* letter to the U.S. Army Human Resources Command, Awards and Decorations Branch
* letter from his Department of Veterans Affairs (VA) attending physician, dated 12 February 2015
* letter from a San Diego VA Healthcare System senior psychologist, dated 18 August 2014
* partial letter from the San Diego VA Regional Office, dated 14 May 2010
* photograph of wounded Soldiers from the 24th Infantry Division
* multiple Internet articles and article excerpts from Wikipedia, NPRC, and Fox News

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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.  This case is being considered using the aforementioned documents submitted by the applicant.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 15 March 1951.  He served in Korea and was awarded or authorized the Army of Occupation Medal for Japan, Korean Service Medal with two bronze service stars, and United Nations Service Medal.  He was discharged on 15 December 1953 due to reaching his expiration term of service.

4.  The applicant provided two letters from medical professionals, one an attending physician in the VA San Diego Medical Center Mood Disorders Clinic and the second a senior psychologist in the San Diego VA Healthcare System.  Both letters attest to their treatment of him for PTSD and depression for the 6 years prior to the letters and state his suffering has been exacerbated by his distress over his lack of recognition in the form of a Purple Heart.  He provided another letter from a doctor of internal and pulmonary medicine documenting his treatment for sleep apnea and congestive heart failure since 2003.

5.  The record of evidence does not show and the applicant has not provided documentary evidence corroborating his claim that he sustained a shrapnel wound to the shoulder or a traumatic brain injury in Korea for which he received medical treatment.

6.  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.  Neither sleep apnea nor PTSD is considered an injury justifying award of the Purple Heart.  The Purple Heart is not awarded for disease incurred in a combat zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.

2.  While shoulder wounds and concussion injuries caused by enemy-generated explosions can justify award of the Purple Heart, substantiating evidence must be provided to verify the wound was the result of hostile action, it required treatment by medical personnel, and the medical treatment was made a matter of official record.

3.  The applicant has not provided substantiating evidence showing his injuries meet the strict criteria for award of the Purple Heart described above.  In view of the foregoing, there is no basis for granting the requested relief.



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 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)                                         AR20150005097



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ABCMR Record of Proceedings (cont)                                         AR20150005097



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