BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160000851 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: 6 July 2017 DOCKET NUMBER: AR20160000851 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: 6 July 2017 DOCKET NUMBER: AR20160000851 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 and 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 should have been awarded the Purple Heart. He served in the Korean War as infantryman and earned the Combat Infantryman Badge (CIB). He was wounded in action and he was awarded service connection for shrapnel residuals. He believes his service connection for shrapnel residuals corroborates his claim that he meets the criteria for award of the Purple Heart. 3. The applicant provides: * DD Form 214 * Department of Veterans Affairs (VA) Rating Decision, dated 19 November 2013 * copies of service personnel and medical records 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 in the Regular Army on 19 December 1950. 3. Section 8 (Wounds Received through Enemy Action) of his DD Form 230 (Service Record) is blank. 4. He was honorably discharged on 20 November 1953. 5. His DD Form 214 shows he completed 2 years and 11 months of creditable active military service of which 1 year, 11 months, and 15 days were foreign service. His DD Form 214 also shows he was awarded or authorized the: * Korean Service Medal with one bronze service star * United Nations Service Medal * Combat Infantryman Badge 6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "None." 7. His records do not contain orders awarding him the Purple Heart. Additionally, his name is not listed in in the Korean Casualty File. 8. His service medical records contain no evidence of treatment for a wound sustained while in action against the enemy or as a result of enemy action. 9. In support of his case, the applicant provided a VA Rating Decision, dated 19 November 2013, that shows the VA awarded him service connection for scars, residuals of muscle injury to left buttock and left leg, with an evaluation of 0 percent effective 20 November 2012. The rating decision does not describe how the injury originated. 10. The service medical records he provided consist of treatment for common ailments. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that 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 a medical officer, and the medical treatment must have been made a matter of official record. Examples of enemy-related injuries which clearly justify award of the Purple Heart are: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire. DISCUSSION: 1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 2. There is no evidence in his records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action, treated for such wounds, and that his treatment was made a matter of official record. In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is no basis to award him the Purple Heart and add this award to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000851 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000851 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2