IN THE CASE OF: BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160011417 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: 2 May 2018 DOCKET NUMBER: AR20160011417 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: 2 May 2018 DOCKET NUMBER: AR20160011417 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 award of the Silver Star and Purple Heart. 2. The applicant states he did not have dog tags the entire time he was serving in Korea because a mistake was made on his tags before he left. He notified his command as he was preparing to leave for Korea and was told not to worry, his dog tags would be done and waiting for him in Pusan when his ship docked. His tags were not there and even though he notified his command many times, he spent the entire 6 months in war without any dog tags. He was told he would get the awards when he returned to the United States. 3. The applicant provides a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 15 June 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. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 28 August 1948 for a period of 3 years. He served as an infantryman in Korea. 4. His records contain a medical record, dated 26 September 1951, showing he was diagnosed with strain, lumbosacral muscles. This record states he was accidentally injured on 20 February 1951 in Korea when he was pinned under a truck. 5. On 22 May 1952, he was honorably discharged for expiration term of service. 6. His DD Form 214 does not show award of the Silver Star or Purple Heart. 7. Item 29 (Wounds Receive as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None." 8. There are no orders for the Silver Star or Purple Heart in the available records. 9. His name does not appear on the Korean casualty roster. 10. He provided a VA Form 21-4138, dated 15 June 2016, stating: a. He was told his records would be corrected when he returned to the United States. b. With regard to his request for award of the Silver Star, he was an ammunition truck driver with Tank Company, 23rd Regimental Combat Team in Korea. Approximately 3 months after his arrival in Korea, while delivering ammunition to a tank, a Soldier was injured and screaming for help. No one was volunteering to help the injured Soldier because they knew for sure it was a death mission. He said his prayers and ran out to get the injured Soldier amongst the fire. He carried the injured Soldier back to the protected area at which time he was taken by helicopter for medical care. He later learned the injured Soldier survived. A sergeant and company commander applied for the Silver Star. He was later injured badly and sent back to the United States. He did not pursue the Silver Star when he returned because he spent so long in the hospital from his injuries. c. With regard to his request for award of the Purple Heart, on 14 February 1951, during the battle of Chipyong-Ni, he was standing in the back of his truck handling ammunition over and out to a Soldier who was in his tank. A mortar came in and exploded 10-15 feet from his truck and he sustained permanent injuries to his left hand which he still has scars. After the explosion and shrapnel settled, he realized his left hand was bleeding profusely. There was a hot liquid on his hand and he went to the medic immediately. The medic addressed the bleeding right. The medic asked for his dog tags to record the Purple Heart, but he didn’t have his dog tags. The medic told him to see an officer about getting the Purple Heart recorded. The officer told him it would be taken care of when he returned to the United States. A few days later, he was involved in a vehicle roll over. His truck was disabled from enemy fire. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. b. 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, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. 2. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, Attention:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The applicant's unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. There are no orders for award of the Silver Star in the applicant's available records. A recommendation by this Board to deny this portion of his requested relief will in no way affect his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 2. The applicant contends he was wounded in action on 14 February 1951 in Korea. 3. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards. The Purple Heart requires evidence to verify: * that the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 4. There is no evidence of record showing he was wounded or injured as a result of hostile action in Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011417 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011417 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2