IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120008034 


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 add award of the Purple Heart.

2.  The applicant states he was wounded in action in Korea and he was in the Osaka hospital in Japan.

3.  The applicant provides:

* a newspaper article written in Spanish
* 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 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 that 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.  His DD Form 214 shows he was inducted into the Army of the United States on 9 October 1950.  He served as an infantryman in Korea and he was honorably released from active duty on 8 October 1953 for expiration of term of service.

4.  His DD Form 214 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

5.  There are no orders for the Purple Heart in the available records.

6.  His name does not appear on the Korean casualty roster.

7.  He provided a newspaper article written in Spanish which states he was recuperating from wounds in the hospital in Osaka, Japan.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded in action in Korea.

2.  Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart.  Criteria for award of the Purple Heart require:

* that the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records

3.  There is no evidence of record that shows he was wounded or injured as a result of hostile action in Korea.

4.  His name does not appear on the Korean casualty roster.  In the absence of any official corroborating evidence, the newspaper article provided by the applicant that states he was hospitalized is insufficient by itself as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.

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)                                         AR20120008034



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ABCMR Record of Proceedings (cont)                                         AR20120008034



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