ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20180004851 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 August 1956 to add the Purple Heart and completion of airborne school. He also requests a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 (ABCMR) 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 his military record was destroyed in the St. Louis fire and he is attempting to document his service record to the best of his ability. He was an enlisted person in the U.S. Army from 1953 to 1956. He enlisted in October of 1953 and attended basic training and advanced individual training (Infantry) at Camp Rucker, AL. He was subsequently sent to the 82nd Airborne at Fort. Bragg, NC, where he attended basic parachute school (1953). He was given orders to Korea in 1954 and joined Company E, 19th Regiment, 24th Infantry Division. He sustained a gunshot wound in 1954 near Monsanie and received treatment at the Swedish Hospital at Pusan where he was awarded a Purple Heart by his Commanding Officer, Captain. X__ X__. He was returned to the 19th Infantry Regiment. While in Korea he was stationed at Pussan, demilitarized zone (DMZ), and Seoul. He was a DMZ guard for about 1.5 years (1954 - 1956). He served in Korea until 1956 when he was separated from the service. The reconstituted DD Form 214 provided by the National Personal Records Center (NRPC) does not contain any reference to his training or awards. He believes that his DD Form- 214 should be corrected to reflect his service. It is his hope that the U.S. Army has access to records not available to the NRPC and that these corrections can be made. 1. He hereby certifies that the information he have given is true to the best of his knowledge and belief 3. The applicant provides a copy of his DD Form 214 showing his service from 29 September 1953 to 21 August 1956. 4. The applicant’s complete military records are 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 the applicant’s records were lost or destroyed in that fire. 5. A review of the applicant’s DD Form 214 shows: a. He enlisted in the Regular Army on 29 September 1953. He completed 2 years, 10 months and 23 days of net service. b. Item 24 (c) (Foreign and/or Sea Service) shows he completed 1 year, 3 months and 19 days of foreign and/or Sea Service. c. Item 26 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) is void of the Purple Heart Medal and Parachute Badge. d. Item 27 (Wounds Received as a result of action with Enemy Forces) shows an entry of “NONE”. e. Item 28 (Services Schools or College, College Training Courses and Post Grad, Courses Successfully Completed) of his DD Form 214 shows the entry “NONE.” f. On 21 August 1956, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he served 2 years, 10 months, and 23 days of active service this period. * It shows he was awarded or authorized the National Defense service Medal and Good Conduct Medal * It does not show completion of Airborne Training 6. The applicant’s name is not on the Korean War Casualty list. 7. By regulation Army Regulation 600-8-22 (Military Awards): a. To be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. b. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound, and was the wound so severe that it required treatment by a medical officer. Some examples of enemy-related actions which justify eligibility for the Purple Heart include injury caused by enemy emplaced trap, mine or other improvised explosive device; as well as concussions and or mild TBI caused as a result of enemy-generated explosions that result in either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. 8. By regulation, AR 635-5 (Separation Documents) the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for: Item: ? 24, foreign and/or sea service, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed ? 26, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, list awards and decorations for all periods of service in the priority sequence; each entry will be verified by the Soldier's records; do not use abbreviations ? 27, Wounds received as a result of action with enemy forces, enter chronologically each wound received during the period covered by the DD Form 214 being prepared, as the result of enemy action. Show both date and place of action if recorded on records available at time of separation. If records are not available, the terminology "No records available" will be entered. The theater of operations in which the action occurred may be entered if exact location is not recorded. ? 28, Service Schools or Colleges, College Training Courses and/or Post Grad Courses Completed, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared. 9. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Board members acknowledged that his records were burned in a fire causing the Board to have limited availability to review the military record of the applicant. Board members found no evidence of receipt of the Purple Heart or his completion of Airborne School. It is possible that he may have completed the training or was awarded the PH, but there is no evidence he did so. Based upon the limited available documentation, the Board concluded there was insufficient evidence which would warrant adding the requested information. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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. 11/13/2019 X CHAIRPERSON Signed by: 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 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) in effect at the time states: : a. To be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. b. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound, and was the wound so severe that it required treatment by a medical officer. Some examples of enemy-related actions which justify eligibility for the Purple Heart include injury caused by enemy emplaced trap, mine or other improvised explosive device; as well as concussions and or mild TBI caused as a result of enemy-generated explosions that result in either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. 3. AR 635-5 (Separation Documents) in effect at the time the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for: Item: ? 24, (FOREIGN AND/OR SEA SERVICE): enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service. ? 26, (DECORATIONS, MEDALS, BADGES, COMMENDATIONS, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED). List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. ? 27, (WOUNDS RECEIVED AS A RESULT OF ACTION WITH ENEMY FORCES) Enter chronologically each wound received during the period covered by the DD Form 214 being prepared, as the result of enemy action. Show ? both date and place of action if recorded on records available at time of separation. If records are not available, the terminology "No records available" will be entered. The theater of operations in which the action occurred may be entered if exact location is not recorded. ? 28, (SERVICE SCHOOLS OR COLLEGES, COLLEGE TRAINING COURSES AND/OR POST-GRAD COURSES COMPLETED). Enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. NOTHING FOLLOWS