ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 May 2019 DOCKET NUMBER: AR20170006669 APPLICANT REQUESTS: award of a "Combat Action Ribbon" and the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) dated 2 January 2017 * Self-authored letters * Department of Veterans Affairs letter * Vietnam Veterans of America letter * Medical Record * Certification of Military Service * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 10 November 1952 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 he was on the front when the cease fire was signed with North Korea. They were waiting for the cease fire and to start moving ammunition to the rear. He did see combat, as they were fired at and returned fire. Many months later after the war ended, he stepped on a hidden Chinese mine and ended up in Yokahama Army Hospital for several months. He was released from the service early while still on crutches and got a pension from the Department of Veterans Affairs. 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 documents he provides. 1. 4. On 10 November 1952, the applicant was inducted into the Army of the United States. On 5 October 1954, he was honorably released from active duty. His DD Form 214 shows: * he had 1 year, 5 months, and 5 days of foreign service * his awards included the Korean Service Medal with 1 Bronze Service Star * the entry "none" in item 29 (Wounds Received as a Result of Action with Enemy Forces) 5. The applicant provides letter to his parents postmarked 12 June 1954, describing his stay in the hospital, the changing of his cast, and the duration of his stay. 6. The applicant provides a Department of Veteran Affairs letter dated 17 October 2016, stating he is receiving service connected disability compensation for the combined evaluation of 30%. 7. He provides a medical record dated 31 December 1998, showing he has a history of ankle injury in service due to shrapnel. 8. His name does not appear on the Korean Casualty Roster. 9. 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, not merely examination, by a medical officer, and the medical treatment must have been made a matter of official record. 10. The Combat Action Ribbon is a United States Navy decoration. It is not awarded to members of the U.S. Army. BOARD DISCUSSION: After review of the applicant and all evidence, the Board determined there is insufficient evidence to grant relief. The CAR is another service branch award and based upon regulatory guidance about what is appropriate for including on a DD Form 214, the Board concluded that the CAR is not appropriate. As to the request for the Purple Heart, per regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 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. 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, not merely examination, by a medical officer, and the medical treatment must have been made a matter of official record.