IN THE CASE OF:  

		BOARD DATE:  12 March 2020

		DOCKET NUMBER:  AR20190012207


APPLICANT REQUESTS:  on behalf of her husband, a former service member (FSM), 
award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record), dated 27 August 
2019
*	DD Form 214 (Report of Separation from the Armed Forces of the United States)
*	Oregon Department of Human Services, Center for Health Statistics, Certificate 
of Death, dated 12 November 2008

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, 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 FSM's complete military and medical 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 FSM's records were lost 
or destroyed in that fire.  The case is being considered using reconstructed records and 
the evidence provided by the applicant.

3.  The applicant states:

   a.  The FSM was wounded during the Korean War and was told he was awarded the 
Purple Heart, but he never received the award.

   b.  The FSM did not want his parents to know that he was wounded, so he refused 
the award.

4.  The FSM was inducted into the Army of the United States on 11 April 1952.

5.  The specific dates the FSM served in Korea are not available.

6.  On 10 January 1953, the FSM was honorably released from active duty.  His 
DD Form 214 shows in:

   a.  item 22 (Net Service Completed for Pay Purposes This Period) – 1 year, 
9 months, and 0 days;

   b.  item 23 (Other Service) – 0 years, 0 months, and 0 days;

   c.  item 24 (Total Net Service Completed for Pay Purposes) – 1 year, 9 months, and 
0 days;

   d.  item 26 (Foreign and/or Sea Service) – 0 years, 9 months, and 20 days;

   e.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) – 

*	Combat Medical Badge
*	Korean Service Medal with two bronze service stars 
*	United Nations Service Medal

   f.  item 29 (Wounds Received as a Result of Action with Enemy Forces) – "None."

7.  The FSM's name is not listed on the Korean War casualty file roster.  Information 
from the Hospital Admission Cards created by the Office of the Surgeon General, 
Department of the Army for the periods 1942 to 1945 and 1950 to 1954 show the FSM 
was admitted to Admission Station 27 in Korea on 27 May 1952.  His diagnoses were 
epigastric hernia, acute therapeutic poisoning (therapeutic misadventure in 
administration of antibiotics - penicillin), and urticaria.  There was no entry made 
indicating that any of the conditions occurred in the line of duty.

8.  The available evidence is void of orders awarding the FSM the Purple Heart.

?
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, the Former 
Service Member’s (FSM) record of service, the belief that his records were lost of 
burned in the fire at the personnel records center, the absence of his name on the 
Korean War Casualty roster, the available record of treatment and the absence of an 
entry regarding wounds on the FSM’s DD Form 214.  The Board found insufficient 
evidence to show the FSM was entitled to award of a Purple Heart.  Based on a 
preponderance of evidence, the Board determined that the absence of a Purple Heart 
on the FSM’s DD Form 214 was not in error or unjust.  The Board concurred 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

:XXX	:XX	:XXX	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or
injustice.  Therefore, with the exception of the correction stated in the Administrative
Note(s) that follow, 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 FSM served a qualifying period of service for award of the Korean War Service 
Medal.  This medal is not listed on his DD Form 214.

?
REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3 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) provides Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.

   a.  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.

   b.  The Republic of Korea War Service Medal is awarded to members of the U.S. 
Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 
27 July 1953.  The service must have been performed, in part, while on permanent 
assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within 
the territorial limits of Korea or the waters immediately adjacent thereto.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190012207


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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