BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016385 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: 30 March 2017 DOCKET NUMBER: AR20150016385 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. __________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: 30 March 2017 DOCKET NUMBER: AR20150016385 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. 2. The applicant states he knew he was entitled to the Purple Heart at the time of his discharge, but he was unable to prove it. He recently found some photographs in a box that belonged to his deceased mother and believes these photographs, along with his account of what happened, should prove his entitlement to the Purple Heart. a. While assigned to the 13th Combat Engineer Battalion in early September 1952, he crossed a valley under darkness and reached his destination with the 17th Infantry Regiment. When he was checking out his rig he heard "incoming mail" go over him and the next thing he remembered was another Soldier trying to get him up off the ground because he was bleeding from the back of his head and blood was running down his back. b. He was taken to the medical field station, and in the absence of a doctor, he talked the medic into stitching up his head. Although the medic bandaged his head and gave him aspirin and morphine to use only if necessary, he was instructed to wait for the doctor to return; however, he walked back to his unit, and reported to his captain. The captain ordered him to inform the maintenance sergeant of the temporary repairs needed to return the rig back to headquarters, which he did, and he has provided photographs that were taken at the time. 3. The applicant provides: * United States Army Reserve Honorable Discharge Certificate * DD Form 214 (Report of Separation from the Armed Forces of the United States) * self-authored statement * 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. The applicant's military record is not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's record was lost or destroyed in that fire. The applicant’s reconstructed NPRC File contains his DD Form 214, this document along with the documents that he provided are sufficient for the Board to conduct a fair and impartial review of his case. 3. The applicant was inducted into the Army of the United States on 30 November 1950. He was honorably released from active duty on 5 October 1952 and transferred to the Enlisted Reserve Corps. 4. The applicant's DD Form 214 shows his most significant assignment was with the 13th Engineer (Combat) Battalion, Korea. He completed 1 year, 5 months and 3 days of foreign service. He completed 1 year, 10 months, and 6 days of net service for pay purposes. 5. His DD Form 214 does not include the Purple Heart among the listed awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None." 6. The applicant’s name does not appear in the Korean casualty file. His medical records are not available for review with this case. 7. He provides photographs, one of which depicts a Soldier working on a military vehicle and another of which depicts a Soldier with a bandage on his head. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. The applicant's sincerity is not in question; however, his name is not shown on the Korean casualty file and his DD Form 214 does not indicate he received a wound/injury as a result of enemy action. The available evidence 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) AR20150016385 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016385 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2