RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2005 DOCKET NUMBER: AR20050000972 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Beverly A. Young Analyst The following members, a quorum, were present: Mr. James Hise Chairperson Mr. Thomas O'Shaughnessy Member Mr. Patrick McGann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests three awards of the Purple Heart. 2. The applicant states, in effect, that his records should be corrected to show three awards of the Purple Heart for wounds he received in Korea and Vietnam. Around the end of November 1950, he was a heavy machine gun squad leader with Troop D, 7th Cavalry Regiment, 1st Cavalry Division and was deployed to North Korea. He confronted a person he thought was a North Korean Soldier. The person pulled a knife on him and attempted to stab him. He defended himself by grabbing the knife and he was cut on the back of his hand between the thumb and index finger. The medic treated his hand and he was instructed to report to the Battalion Aid Station to have it stitched. In the next few days, he was very busy setting up lines of fire and improving the squad's defensive positions. Since the wound healed satisfactorily, he saw no reason to leave his squad at such a crucial time. During the first of December 1950, his machine gun squad was in general support of a line troop preparing to defend against an enemy attack. While he checked one of his ammo bearers position, he was struck with fragments on his lower leg, lower back and buttocks. He removed the fragment from his leg and bandaged it to stop the bleeding. The platoon medic removed the fragments from his back and buttocks. He states that these wounds caused some discomfort but they were not serious. His wounds healed and he never seemed to find the time to report his injuries. 3. The applicant also states that he was detailed as Patrol Leader for Base Camp Perimeter Recon Patrol in South Vietnam around the end of November 1966. He served as a Noncommissioned Officer-In-Charge (NCOIC) of Personnel Actions/Awards and Decorations Branch, 4th Administration Company, 4th Infantry Division. A Soldier tripped a booby-trap wire which released a two or three foot board with bunji-stakes attached. The corner of the board struck the palm of his left hand lacerating his palm. Another NCO bandaged his hand to stop the bleeding and to protect his wound. He was unable to go to Sick Call so he treated his wound. 4. The applicant provides two separation documents. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 31 May 1970. The application submitted in this case is dated 20 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. After having had prior service in the National Guard, the applicant enlisted in the Regular Army on 2 June 1948. He served in Korea from October 1948 to June 1951. 4. The applicant's WD AGO Form 24A (Service Record) does not list any wounds in Section 8 (Wounds Received Through Enemy Action). 5. On 18 April 1952, the applicant underwent a physical examination for separation and reenlistment. His Report of Medical Examination (Standard Form 88) does not make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action. This medical document does not list any identifying body marks or scars in Block 39. 6. The applicant's name is not listed on the Korean Casualty Roster. 7. The applicant was discharged from active duty on 21 April 1952. His DD Form 214 for the period ending 21 April 1952 shows the Army of Occupation Medal with Japan Clasp, the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars and the Republic of Korea Presidential Unit Citation as an authorized awards. 8. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 for the period ending 21 April 1952 shows the entry "NONE." 9. The applicant reenlisted on 22 April 1952 for a period of three years. He was discharged from active duty on 5 April 1955. His DD Form 214 for the period ending 5 April 1955 shows the National Defense Service Medal as an authorized award. 10. Item 29 on the applicant's DD Form 214 for the period ending 5 April 1955 shows the entry "NONE." 11. The applicant reenlisted in the Regular Army on 13 April 1955 for a period of six years. He was honorably discharged from active duty on 31 March 1961. His DD Form 214 for the period ending 31 March 1961 shows the Good Conduct Medal as an authorized award. 12. Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 for the period ending 31 March 1961 shows the entry "None." 13. After a break in service, he enlisted in the Regular Army on 6 February 1963 for a period of three years. He was discharged on 15 November 1964 for the purpose of immediate reenlistment. His DD Form 214 for the period ending 15 November 1964 shows the Expert Marksmanship Qualification Badge with Rifle Bar and a Letter of Appreciation as authorized awards. 14. The applicant reenlisted on 16 November 1964 for a period of six years. 15. On 23 October 1966, the applicant was assigned to the 4th Administration Company, 4th Infantry Division in Vietnam as a personnel actions supervisor. He departed Vietnam on 28 October 1967. 16. The applicant's DA Form 20 (Enlisted Qualification Record) does not list any wounds in item 40 (Wounds). The applicant's name is not listed in the Vietnam Casualty Roster. 17. The applicant was assigned to Korea in April 1969 as a personnel staff NCO. 18. On 13 January 1970, the applicant underwent a physical examination for the purpose of retirement. His Report of Medical Examination does not make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action. 19. He departed Korea in April 1970 and was retired from active duty on 31 May 1970. His DD Form 214 for the period ending 31 May 1970 does not show any awards of the Purple Heart. 20. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. DISCUSSION AND CONCLUSIONS: 1. There are no orders which authorize three awards of the Purple Heart to the applicant. His name is not listed on the Korean Casualty Roster or the Vietnam Casualty Roster. 2. The applicant contends that he was wounded twice in Korea and once in Vietnam. However, there are no medical documents which verify that the applicant was wounded or injured as a result of hostile action. In addition, his Service Record and Enlisted Qualification Record do not indicate wounds sustained as a result of hostile action. Therefore, there is insufficient evidence to show the applicant has met the requirements for three awards of the Purple Heart. 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 May 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 May 1973. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING JH______ TO______ PM______ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. James Hise____________ CHAIRPERSON INDEX CASE ID AR20050000972 SUFFIX RECON YYYYMMDD DATE BOARDED 20050920 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Mr. Chun ISSUES 1. 107.0015 2. 3. 4. 5. 6.