IN THE CASE OF: Allen, Hardy D. BOARD DATE: DOCKET NUMBER: AR20160015562 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: Allen, Hardy D. BOARD DATE: DOCKET NUMBER: AR20160015562 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: Allen, Hardy D. BOARD DATE: DOCKET NUMBER: AR20160015562 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 Purple Heart. 2. The applicant states he would like to receive a DD Form 215 (Correction to DD Form 214) to show award of the Purple Heart for injuries suffered near the end of 1954 during a landmine explosion at the Chosin Reservoir, Korea. He further states he was leading a platoon through an open area when he stepped on a mine which exploded. He was thrown in the air and received shrapnel wounds throughout his right lower leg. 3. The applicant provides his Certification of Military 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's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. This case is being considered primarily using the document he provides and his DD Form 214, which resides in his reconstructed NPRC file. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 6 January 1954. His most significant duty assignment during this period of active service was Headquarters, 3rd Battalion, 32nd Infantry Regiment (Korea). The applicant was credited with 1 year, 4 months, and 16 days of foreign and/or sea service. The applicant was honorably released from active military service on 29 October 1955 and transferred to the U.S. Army Reserve. 4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the Korean Service Medal, Good Conduct Medal, National Defense Service Medal, and United Nations Service Medal. There is no evidence he was awarded the Purple Heart. 5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows “None.” 6. There is no evidence in the available records or the document provided by the applicant that shows he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action. 7. The applicant's name does not appear on the Korean Casualty Roster. 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 applicant's 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) AR20160015562 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015562 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2