ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:    27 March 2019

                   DOCKET NUMBER:  AR20170011300


APPLICANT REQUESTS:  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was injured at Pork Chop Hill, Korea in April 1953 and that he was awarded the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
 
* DD Form 149 (Application for Correction of Military Record)
* 2 DD Forms 214
* DD Form 217A (Certificate of Service)
* DD Form 345 (Armed Forces Liberty Pass)
* Primaquine Therapy Register

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's complete military record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his DD Form 214 and documents provided by the applicant.

3.  The applicant states, in effect, his record was corrected by X (the chief warrant officer who was authorized to sign) when the applicant was discharged. 
4.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 30 September 1952.  He was honorably released from active duty on 31 August 1954, after completing a total of 1 year, 11 months and 1 day net service and 1 year, 2 months and 7 days foreign service.  This form further shows he was awarded or authorized the:
* United Nations Service Medal
* National Defense Service Medal
* Korean Service Medal with 2 bronze service stars

4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "None."
5.  His records are void of orders awarding him the Purple Heart and his name is not reflected on the Korean War Casualty Roster.

6.  The applicant provides a copy of his DD Form 214 which has been altered by pen and ink to show he was awarded the Purple Heart for wounds received in April 1953 at Pork Chop Hill.

7.  Army Regulation 600-8-22 (Military Awards) states the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board determined, based upon a lack of documentary evidence to show that the applicant was injured while serving in Korea and that the injury was related to combat with the enemy, that a lack of evidence was available to grant the applicant’s 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. However, recommend the applicant submit more medical evidence to support claim.
  
SIGNATURE:

				 
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, and the medical treatment must have been made a matter of official record.
     




ABCMR Record of Proceedings (cont)	 AR20170011300


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