IN THE CASE OF: BOARD DATE: 13 March 2012 DOCKET NUMBER: AR20110019324 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 that he be awarded the Purple Heart. 2. The applicant states that he was not awarded the Purple Heart for injuries sustained in combat in Korea. 3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and his Department of Veterans Affairs (VA) Rating Decision. 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 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 to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States in Minneapolis, Minnesota on 23 October 1952. He completed 1 year, 1 month, and 19 days of foreign service and he was honorably released from active duty in the rank of corporal at Fort Leonard Wood, Missouri on 28 August 1954. He had served 1 year, 10 months, and 6 days of active service. 4. His DD Form 214 issued at the time of his separation shows that he was awarded the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, the United Nations Service Medal, and the Good Conduct Medal. It also shows in block 29 (Wounds Received as a Result of Enemy Forces) the entry “None.” 5. A review of the available records failed to show any evidence of the FSM being awarded the Purple Heart. Additionally, there is no indication that he was treated for any wounds or injuries that qualified him for award of the Purple Heart. 6. Additionally, a review of the Korean War Casualty Listing failed to show that the applicant was reported as a casualty. 7. His VA Rating Decision notes that as a result of the lack of medical documentation, they were unable to relate his scar to his military service. However, as he had testified that he received his scar wounds as a result of defending against a Chinese attack while fighting in Korea the VA conceded that the incurred shrapnel wounds to his left elbow occurred during service. 8. 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. While the sincerity of the applicant’s claim that he was wounded in Korea is not in doubt, the evidence of record and the evidence submitted with his application are insufficient to support his contention. 2. The available records do not show the applicant was wounded or injured in Korea and the absence of records coupled with the passage of over 60 years makes it difficult at best to know what happened. While for VA purposes the VA conceded his scars were incurred while fighting against the Chinese, their decision is insufficient grounds for granting him award of the Purple Heart. Therefore absent such evidence there appears to be no basis to award him the Purple Heart at this time. 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. 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) AR20110019324 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110019324 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1