BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001970 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: AR20160001970 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: AR20160001970 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 served in Korea with Company A, 2d Battalion, 38th Infantry Regiment, 2d Infantry Division. On or about 2300 hours in September 1968, he was wounded over the eye by North Korean grenades while patrolling the demilitarized zone. This incident was known as the Pueblo Incident (North Korean capture of the U.S.S. Pueblo Naval vessel 16 miles from the North Korean shore) and he should have received the Purple Heart. Two Soldiers were killed in action during this incident (an African American platoon sergeant and a Caucasian radioman); they received the Purple Heart posthumously. 3. The applicant provides a: * letter * Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim) * DD Form 214 * National Guard Bureau Form 22 (Report of Separation and Record of Service) 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 was inducted into the Army of the United States on 3 October 1967. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 21 February 1968 to 20 March 1969. Item 40 (Wounds) contains no entries. Item 41 (Awards and Decorations) does not show award of the Purple Heart. 4. He was honorably released from active duty at the expiration of his term of service on 2 October 1969. His DD Form 214 does not show award of the Purple Heart. 5. His Official Military Personnel File does not contain any evidence showing he was wounded or treated for wounds as a result of hostile enemy action. 6. The Department of the Army casualty rosters do not contain the applicant's name. 7. He later served in the Regular Army from 22 December 1969 to 10 December 1975. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the service member's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. 2. Army Regulation 15-185 (ABCMR), paragraph 2-5, states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. 3. The applicant's service in Korea and his sincerity are not in question; however, his military records do not contain any medical treatment records or other documentation confirming he was wounded as a result of enemy action. Other than the applicant's own claim, there is no evidence showing he sustained an injury as a result of 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) AR20160001970 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001970 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2