ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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	BOARD DATE:  12 March 2019

	DOCKET NUMBER:  AR20170000574


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) by adding the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record) dated 21 November 
2016
*	Photographs of a Purple Heart case and medal set
*	Report of Medical Examination dated 9 November 1953
*	DD Form 214 
*	Memorandum, National Personnel Records Center, dated 3 April 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that the Purple Heart was awarded to him when he was 
medically evacuated to Hokkaido.  He states he has held onto the medal and the box 
since it was issued.

3.  The applicant's complete military records are not available for review.  A fire 
destroyed approximately 18 million service members' records at the National Personnel 
Records Center (NPRC), St. Louis, MO, in 1973.  It is believed his records were lost or 
destroyed in that fire.  This case is being considered using the DD Form 214 and other 
documents he has provided.

4.  The applicant served in the Regular Army from 13 November 1950 to 12 November 
1953.  His DD Form 214 shows in:

*	Item 26 (Foreign and/or Sea Service) – 1 year and 4 days
*	Item 27 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized) – Korean Service Medal with 3 
Bronze Service Stars, Army of Occupation Medal with Japan Clasp, Combat 
Infantryman Badge, National Defense Service Medal, and United Nations Service 
Medal
*	Item 29 (Wounds Received as a Result of Action with Enemy Forces) – None

5.  A Report of Medical Examination, dated 9 November 1953, shows the applicant was 
examined prior to separation.  The form shows no evidence of wounds incurred as a 
result of hostile action.

6.  The applicant was not found in a search of Korean War casualty records.  

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a 
wound sustained while in action against an enemy or as a result of hostile action.  
Substantiating evidence must be provided to verify that the wound was the result of 
hostile action, the wound must have required treatment by medical personnel, and the 
medical treatment must have been made a matter of official record.  Award of the 
Purple Heart is announced in orders.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contention was carefully 
considered.  Based upon a preponderance of evidence, the Board agreed the 
information provided does not show the applicant was wounded by enemy forces and 
met regulatory guidance for entitlement to the Purple Heart.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION




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.


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a 
wound sustained while in action against an enemy or as a result of hostile action.  
Substantiating evidence must be provided to verify that the wound was the result of 
hostile action, the wound must have required treatment by medical personnel, and the 
medical treatment must have been made a matter of official record.  Award of the 
Purple Heart is announced in orders.
//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20170013165

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