IN THE CASE OF:	  

		BOARD DATE:	    18 April 2012

		DOCKET NUMBER:  AR20110021496 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart for wounds received in the Republic of Korea (ROK).

2.  The applicant states he was wounded by enemy shrapnel and was told he would receive the Purple Heart.  The Purple Heart is not shown on his DD Form 214.  He contends that he was treated in a field hospital for his wounds and returned soon afterwards to his unit.  He states that some of the shrapnel is still in his back.

3.  The applicant provides a copy of his DD Form 214.

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 member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's service medical records are not available for review.

4.  The applicant's DD Form 214 shows:

	a.  he enlisted in the Regular Army on 11 January 1949;

	b.  his most significant duty assignment was with Headquarters and Headquarters Company, 9th Infantry Division;

	c.  his awards included:

* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with one bronze service star
* Republic of Korea Presidential Unit Citation
* Combat Infantryman Badge
* United Nations Service Medal

	d.  he was not wounded as a result of enemy action

	e.  he attained the rank of corporal; and

	f.  he was discharged on 17 June 1952 after completing 3 years, 5 months, and 7 days of creditable active duty service.

5.  The applicant's name does not appear on the Korean War Casualty List as a combat casualty.

6.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the period of the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

7.  A search of the SGO files shows the applicant was hospitalized in the ROK on 3 September 1950 for myopia (nearsightedness).  He was subsequently returned to duty in October 1950.

8.  Army Regulation 600-8-22 provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart for wounds received in the ROK.

2.  The applicant contends that he was wounded by enemy shrapnel and was told he would receive the Purple Heart.  Unfortunately, the applicant's service medical records are not available for review.  Furthermore, his name is not listed on the Korean Casualty List or shown in the SGO files.

3.  In view of the above, the applicant's request should be denied.

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)                                         AR20110021496





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ABCMR Record of Proceedings (cont)                                         AR20110021496



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