IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009252 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 IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009252 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. IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009252 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 for wounds he received in Korea. 2. The applicant states he was injured twice by enemy fire in Korea, but he never received the Purple Heart. a. His first injury occurred around September/October 1951 when his bunker was attacked by enemy soldiers and the foxhole was hit by an enemy 105-millimeter mortar shell. His lieutenant was literally blown to pieces and a fellow private was severely injured. He received shrapnel wounds to his left leg but he treated the wounded private until help arrived. b. He was treated at a field hospital for his injuries. As a combat medic, he provided most of his subsequent medical care himself and he is not sure whether any hospital records ever existed. A few days after the incident he was sent back to his company. 3. His second injury occurred approximately 3 months later when he was driving a litter jeep to the front to pick up wounded Soldiers during a firefight. As he neared the front lines an enemy shell or mortar struck his jeep. He was thrown clear of the vehicle by the blast and he received several deep shrapnel wounds to his back. He was taken to a field hospital where his wounds were treated by a field medical crew. a. At the time of his injuries, he recalls his sergeant telling him that he would fill out his paperwork for the Purple Heart, but he never actually received either award of the Purple Heart. b. He was sent home from Korea around October 1952, due to his injuries and a nervous condition. He was sent to Walter Reed Army Hospital in Washington, DC, for further treatment. He received almost continuous medical treatment from October 1952 until he was honorably discharged in February 1953. c. There is shrapnel embedded in his leg and his doctors have informed him that it has caused the development of severe arthritis in his spine and weakness in his leg muscles. In reviewing his service discharge sheet, the caseworkers at the Department of Veterans Affairs said he should definitely have been awarded two Purple Hearts. 4. The applicant provides: * a discharge sheet, dated 9 February 1953 * a DD Form 216A (Certificate of Service, Armed Forces of the United States) * DD Form 345 (Armed Forces Liberty Pass) * 44 photographs 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. His complete military records were 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 his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) was not available for review. 4. A DD Form 217A (Certificate of Service Armed Forces of the United States) shows the applicant honorably served on active duty from 8 May 1951 to 11 February 1953. 5. A National Archives and Records Administration Form 13038 (Certification of Military Service) shows he was a member of the Army of the United States from 8 May 1951 to 11 February 1953. His service was terminated by an honorable discharge in the rank of sergeant. 6. A letter from the National Personnel Records Center, St. Louis, MO, dated 14 October 2005, verified his entitlement to the following awards: * National Defense Service Medal * Korean Service Medal with two bronze service stars * Combat Medical Badge * United Nations Service Medal 7. His service medical records are not available for review. 8. There are no orders in his available military service records awarding him the Purple Heart. 9. His name does not appear on the National Archives and Records Administration Korean War Casualty File. 10. The discharge sheet provided by the applicant does not show he was wounded as a result of enemy action. REFERENCES: Army Regulation 672-5-1 (Decorations and Awards), then in effect, stated the Purple Heart was awarded to any member of the Armed Forces of the United States and to any civilian citizen of the United States serving with the Army who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy, provided the wound necessitated treatment by a medical officer. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION: 1. The veracity of the applicant's recollections concerning his injuries received in Korea is not questioned. However, there is no official documentation to corroborate his statement. 2. There are no military records available showing he was wounded or treated for wounds resulting from hostile action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009252 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009252 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2