IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160005326 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: 31 October 2017 DOCKET NUMBER: AR20160005326 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: 31 October 2017 DOCKET NUMBER: AR20160005326 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 he was awarded the Purple Heart (PH). 2. The applicant states his second lieutenant (2LT) awarded him the PH when he received shrapnel injuries in Korea. While on a routine mission with seven or eight other Soldiers, their truck took a detour and was subsequently attacked. During the incident, he and his fellow Soldiers received shrapnel injuries; he was injured in the back. While recovering from their wounds at the sick ward, their 2LT came and handed them all PHs. 3. The applicant provides a picture of him holding a display of awards, which includes a PH, and a letter from the Louisa County Veterans Affairs (VA) Office, Wapello, IA, dated 17 February 2016. 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. On 5 October 1946, the applicant enlisted in the Regular Army. 3. A DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows he served in Korea from 11 October 1951 through 25 September 1952. b. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 38th Infantry Regiment, from 1 November 1951 to 19 November 1952. c. Item 40 (Wounds) does not contain an entry. d. Item 41 (Awards and Decorations) does not list the PH. 4. The applicant’s record is void of any medical records showing he was wounded as a result of hostile action against the enemy or documentation showing orders awarding him the PH. 5. On 30 November 1966, he was honorably retired. His DD Form 214 shows he completed 20 years and 3 days of total active duty service. This form does not list the PH. 6. The applicant’s name is not shown in the Korean Casualty File for any wounds incurred as a result of hostile action against the enemy. 7. The applicant provides a photograph of himself holding a frame with his awards and rank insignia, including the PH. He also provides a letter from the Louisa County VA that states a photograph of the applicant with his PH is included with his application, and which encourages the ABCMR to seriously consider awarding him this award, the primary reason being that he would be eligible for greater benefits with the local VA Health Care System. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The PH 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. b. Examples of enemy-related injuries which clearly justify award of the PH are injuries caused by enemy bullet, shrapnel, or other projectile created by enemy action; injuries caused by an enemy-placed mine or trap; injuries caused by enemy-released chemical, biological, or nuclear agents; and injuries caused by a vehicle or aircraft accident resulting from enemy fire. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 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 applicant contends that his DD Form 214 should be corrected to show he was awarded the PH for a shrapnel wound he incurred in Korea. 2. The applicant's service in Korea and his sincerity are not in question; however, 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, or that his treatment was made a matter of official record. 3. A review of the Korean Casualty Roster does not show he was wounded or injured as a result of hostile action against the enemy. 4. The applicant provides a photograph of himself holding his awards, which includes the PH. However, this document does not confirm he was injured as a result of hostile action or treated for any wounds or injuries, nor did he provide any orders that show he was awarded the PH. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005326 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005326 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2