RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070002156 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

Member

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his previous request for award of the Purple Heart.

2.  The applicant states, in effect, that the U.S. Army Human Resources Command published Permanent Order 310-01 on 5 November 2004 awarding him the Purple Heart.  The applicant continues that his DD Form 214 (Report of Separation) should be corrected to reflect this award.
 
3.  The applicant provides a copy of Permanent Order 310-01, dated 5 November 2004, and a letter from a United States Senator, dated 27 April 2007 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050004284, dated 22 November 2005.

2.  As stated in the previous case, the applicant's records were lost or destroyed in a fire at the National Personnel records Center fire in 1973.

3.  The available record shows the applicant was inducted in the Army of the United States on 2 November 1950 and was assigned to the 224th Infantry Regiment, 40th Infantry Division.  The applicant completed his military training and was awarded an Infantry military occupational specialty.  On 3 February 1952, the applicant was transferred with his unit to Korea.  

4.  On 24 October 1952, the applicant was honorably released from active duty at Fort Hood, Texas, due to the expiration of his term of service.  The applicant served 1 year, 11 months, and 23 days of total active service.

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 contains the entry "NONE."

6.  The applicant provided a copy of U.S. Army Human Resources Command, Alexandria, Virginia, Permanent Order 310-01, dated 5 November 2004, which awarded the applicant the Purple Heart for wounds received as a result of hostile actions on 8 June 1952.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  

2.  Permanent Order 310-01, dated 5 November 2004 shows the applicant was awarded the Purple Heart for wounds sustained in Korea on 8 June 1952.  Therefore, his records should be amended to show this award. 

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 October 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 23 October 1955.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

_JRM_ ___  _JCR___  _TMR __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR 20050004284, dated 22 November 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Purple Heart for wounds sustained in action on 8 June 1952, in Korea.



_Jeanette R. McCants__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.