BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150008768 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150008768 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. BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150008768 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 record to reflect award of the Combat Infantryman Badge (CIB) and the Purple Heart (PH). 2. The applicant states, in effect: * he was an infantryman and served in the Korean War * he never got a CIB or PH * he injured his back while he was driving a jeep that came under heavy fire and rolled over, causing his injury * his awards should include the National Defense Service Medal, CIB, and PH 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 enlisted the West Virginia Army National Guard on 13 March 1951 and was honorably discharged on 21 July 1952 for the purpose of induction into the Army of the United States on 22 July 1952. 3. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was honorably released from active duty on 21 April 1954 and transferred to the U.S. Army Reserve for completion of his service. He was credited with 1 year and 9 months of net active service during this period. His DD Form 214 shows he was awarded or authorized the Korean Service Medal with two bronze stars, United Nations Service Medal, Army Good Conduct Medal, National Defense Service Medal, and Combat Infantryman Badge. It also reflects he did not receive any wounds as a result of action with enemy forces. 4. His National Guard Bureau Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States and the Army National Guard of West Virginia) shows he remained in the U.S. Army Reserve from 22 April 1954 through 2 May 1955. He then enlisted in the West Virginia Army National Guard on 3 May 1955 and was discharged effective 19 December 1956 to enable his enlistment in the Regular Army. 5. He enlisted in the Regular Army on 29 March 1957 and was honorably discharged on 12 April 1958. His DD Form 214 shows he was credited with 11 months and 17 days of net active service this period. It does not reflect he was awarded or authorized any decorations or awards during this period of service and he did not receive any wounds as a result of action with enemy forces. 6. His DD Form 230 (Service Record), DA Form 20 (Enlisted Qualification Record), and DA Form 24 (Service Record) all reflect he received no wounds as a result of enemy action. 7. A review of his available service records does not reveal any documentation pertaining to his account of injury subsequent to a jeep accident resulting from enemy fire in the Korean War and the applicant has not provided any such documentation. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. DISCUSSION: 1. The applicant’s request for award of the PH and the CIB was carefully considered. 2. A review of his DD Form 214 covering the period 22 July 1952 through 21 April 1954 already shows he was awarded the CIB, thus no further action is required. 3. None of his service records show he was awarded the PH and there is no evidence of record showing he sustained a wound as a result of hostile action which required treatment by medical personnel and that the treatment was made a matter of official record which would render him eligible for award of the PH. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008768 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008768 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2