IN THE CASE OF: BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011265 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: 9 May 2018 DOCKET NUMBER: AR20160011265 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: 9 May 2018 DOCKET NUMBER: AR20160011265 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 add the Purple Heart. 2. The applicant states he came under mortar attack and his right foot was hit while serving during the Korean War. He was in North Korea at the time of his wounding. 3. The applicant provides his DD Form 214 and his résumé of military service from the Veterans of Foreign Wars (VFW) of the United States. 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 20 October 1950 the applicant enlisted in the Regular Army for 3 years. 3. The applicant's DD Form 230 (Service Record) documents his combat record and service in Korea. Section 9 (Wounds received through enemy action) does not contain an entry showing he was wounded in action while serving in Korea. Section 9 (Medals, Decorations, and Citations) does not list the Purple Heart as an authorized award. 4. There are no orders for the Purple Heart in his official military personnel file. 5. His medical record is not available for review with this case and his name is not shown on the Korean Casualty File. 6. On 19 October 1953 the applicant was honorably discharged from active duty. He was issued a DD Form 214 showing he served 3 years active duty of which 11 months and 15 days were foreign service. Item 29 (Wounds received as a result of action with enemy forces) does not contain an entry. 7. As evidence he provides his VFW military service statement or résumé listing his awards earned during his period of active service including service awards for Korea. On this statement he hand wrote he was injured during a mortar attack. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. Examples of enemy-related injuries which clearly justify award of the Purple Heart 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. The regulation provides that 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 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 record and he did not provide any evidence showing he was wounded as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record. In addition, his name is not shown on the Korean Casualty Roster. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011265 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011265 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2