BOARD DATE: 17 January 2012 DOCKET NUMBER: AR20110014521 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 received shrapnel in his feet in June 1951, but a Purple Heart was never issued. The shrapnel was removed, but he still has scars. He is receiving 80-percent service-connected disability from the Department of Veterans Affairs (VA). 3. The applicant provides no additional evidence. 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 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 the applicant's 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 applicant's DD Form 214 shows he enlisted in the Regular Army on 25 February 1950 and he held military occupational specialty 1766 (Radio Operation Supervisor, High Speed). 4. He was honorably discharged from active duty in the temporary rank/grade of sergeant on 24 February 1953. He completed 3 years of creditable active service of which 10 months and 19 days were foreign service. 5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the United Nations Service Medal and the Korean Service Medal with one bronze service star. It does not show award of the Purple Heart. 6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None." 7. His medical records are not available for review. His name is not shown in the Korean casualty file. 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. 9. Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service. The VA awards disability ratings to veterans for conditions it determines were incurred during military service and subsequently affect the individual's civilian employability. The VA may rate any service-connected impairment, including those that are detected after discharge, in order to compensate the individual for loss of civilian employability. DISCUSSION AND CONCLUSIONS: 1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. There is no evidence in the applicant's reconstructed records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. Notwithstanding his sincerity, there is no basis for granting his request for award of the Purple Heart in the absence of documentary evidence. 3. A disability decision rendered by the VA does not establish entitlement to award of the Purple Heart as it does not show he was wounded as the result of enemy action or that he was treated for such wounds. The VA may award ratings because of a service-connected disability that affects the individual's civilian employability. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _X____ __X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ___________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) AR20110014521 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110014521 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1