IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009368 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: AR20150009368 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: AR20150009368 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. 2. The applicant states he was wounded in August 1950 while assigned to the 1st Cavalry in Korea. He was treated at the aid station for two or three weeks and then sent back to duty. 3. The applicant provides him DD Form 214 and a letter from the Veterans Administration (VA). 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. The applicant's records were affected by the fire and many documents in his records were partially burned. However, there were sufficient legible documents available for the Board to conduct a fair and impartial review of this case. 3. He entered active duty on 24 January 1949. He served in Korea while assigned to Company B, 1st Battalion, 7th Cavalry (Infantry) as a light infantryman loader from 22 July 1950 to 21 January 1951. 4. He was honorably discharged from active duty on 17 February 1951. He completed 2 years and 23 days of creditable active service of which 8 months and 29 days was foreign service. 5. His DD Form 214 shows he was awarded or authorized the Army of Occupation Medal-Japan and the Combat Infantryman Badge. 6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None." His name is not shown in the Korean casualty file. 7. The applicant provides a letter from the VA awarding him less than 10 percent service connected disability for scars of the right leg caused by small fragment wounds. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members wounded in action. In order to award the Purple Heart, there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. DISCUSSION: 1. The applicant requests award of the Purple Heart. 2. His service connected disability rating from the VA is based on a shrapnel scar on his right leg; however, his name is not listed on the Korea casualty roster and his record is void of any medical evidence related to a combat wound. Unfortunately, a wound, in and of itself, is insufficient evidence to award him the Purple Heart. 3. Notwithstanding his contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds and that treatment for those wounds was made a matter of record, he does not meet the criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009368 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2