ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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	BOARD DATE:  21 May 2019

	DOCKET NUMBER:  AR201700013485


APPLICANT REQUESTS:  award of the Purple Heart.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application For Correction of Military Record) dated 6 July 2017
*	Korean War Casualty File record
*	Acknowledgment of receipt of a claim for compensation
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) for the ending period 2 October 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's complete military records are not available for review.  A fire 
destroyed approximately 18 million service members' records at the National Personnel 
Records Center, 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 
and casualty records from the National Archives and Records Administration.  

3.  The applicant requests award of the Purple Heart for wounds received on 
18 September 1952 while serving in Korea with Company B, 1st Battalion, 65th Infantry 
Regiment.  He states his unit was attacked by Chinese insurgents, and he received 
wounds from a missile attack.  He received fragment wounds on his left hand, shoulder, 
and thigh.  He has claimed these injuries since 6 April 1954, but has never received the 
Purple Heart or the compensation he deserves.

4.  On 11 May 1951, he was inducted into the Army of the United States.  

5.  Korean War casualty records show the applicant was wounded as a result of hostile 
action on 18 September 1952.  

6.  On or about 10 February 1954, he was released from active duty.  The DD Form 214 
he was issued at the time does not show the Purple Heart among his awards.  The 
available records do not contain orders awarding him the Purple Heart.  

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.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his service in 
Korea, his name on the Korean War Casualty File stating that he was wounded in action 
and hospitalized, the Office of the Surgeon General hospital admissions file showing his 
name and nature of his wounding (direct result of action against or by an organized 
enemy).  Based on a preponderance of the evidence, the Board determined that the 
applicant was wounded as a result of enemy action and is entitled to award of the 
Purple Heart.

2.  After reviewing the application and all supporting documents, the Board found relief 
was warranted. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: :X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

In addition to the correction stated in the Administrative Note(s) below, the Board 
determined the evidence presented is sufficient to warrant a recommendation for relief.  
As a result, the Board recommends that all Department of the Army records of the 
individual concerned be corrected by;
      - awarding the applicant the Purple Heart for wounds received in Korea on 18 
September 1952, and;
      adding the Purple Heart to item 27 (Decorations, Medals, Badges) of his DD 
Form 214 for the period of service ending 10 February 1954.



	  
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):

Update the DD Form 214 for the period ending 10 February 1954 to add the Korean 
War Service Medal.

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)	 AR20170013485
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