ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20190004064 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal (BSM) with "V" Device and the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders Number 591, published by Headquarters, 2nd Infantry Division, Korea, dated 10 October 1961 * 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 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, in effect, that he was presented with the BSM with "V" Device medal during his combat tour to Korea. He later obtained a copy of the orders by conducting an internet search. He further contends that he was awarded the PH and he requests the Board conduct research to locate his orders. 3. The Board will not consider the applicant's request to add the BSM with "V" Device to his DD Form 214, as this item will be addressed through an administrative correction. 4. The applicant's military service 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to review of this case. 5. On 16 January 1951, the applicant was inducted into the Regular Army. 6. Section 17 (Indorsements) of his DD Form 230 (Service Record) shows he was assigned to the Far East Command (Japan/Korea) on or about May 1951. 7. There is no medical documents showing he sustained and was treated for a combat related injury or illness during his tour of duty in Korea. 8. On 23 June 1952, he was reassigned to the U. S. Army Hospital, Fort Sheridan, IL, as a Night Noncommissioned Officer. While assigned to this organization the applicant was diagnosed with mild, chronic anxiety reaction originating from his combat experience in Korea. 9. The applicant did not report a combat injury or illness during his separation physical examination, nor was one noted by the medical examiner. 10. The applicant was released from active duty on 15 October 1952. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 does not list a combat injury or illness. 11. His name is not listed on the Korean Casualty File and there are no orders awarding the applicant the PH. 12. Regulatory guidance states in order to support award of the PH there must be evidence not only that a member was wounded as a result of enemy action, but the wound must have required treatment by military medical personnel, and this 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 period of service, the belief that his records may have been burned in the fire at the records center and the absence of information in his record regarding a wound as a result of enemy action. The Board found that the applicant provided no additional evidence of a wound either documented in his service records or post service. The Board determined, by preponderance of evidence, that there was insufficient evidence to support an award of the Purple Heart. The Board concurs with the correction stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted.? 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: With the exception of the correction stated in the Administrative Note(s) that follow, 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): The following orders and military records are sufficient to administratively correct the applicant's DD Form 214, ending on 15 October 1952, to show award of the Bronze Star Medal with "V" Device, without action by the Board: * General Orders Number 591, published by Headquarters, 2nd Infantry Division, Korea, awarded the applicant the Bronze Star Medal (BSM) with "V" Device * Section 9 (Medals, Decorations, and Citations) of his DD Form 230 (Service Record) shows award of the BSM with "V" Device * AGO Form 0708 (Record of Award of Decoration), contains the citation for his BSM with "V" Device 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) AR20190004064 3 1