IN THE CASE OF: BOARD DATE: 2 JUNE 2009 DOCKET NUMBER: AR20090003277 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that he be issued a Purple Heart Certificate. 2. The applicant states, in effect, that the Board issued him a Purple Heart Medal; however, he has never received a Purple Heart Certificate or any documentation to prove he is authorized the award. Accordingly, he is not eligible to apply for membership in the Purple Heart Association. 3. The applicant provides no additional documents with his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s 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 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 conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army (RA) in Charleston, West Virginia on 3 August 1948 for a period of 3 years. He completed his training as an airborne qualified heavy weapons infantryman (71812) and was assigned to the 187th Parachute Infantry Regiment at Fort Campbell, Kentucky. 4. He was deployed to Japan with his unit, which had been redesignated as the 187th Regiment Combat Team and was subsequently deployed to Korea. He was wounded on 27 March 1951, while serving in the rank of corporal (CPL). 5. After serving 10 months and 5 days of foreign service, he was returned to Fort Campbell for assignment to Company D, 503rd Airborne Regiment. He was promoted to the rank of sergeant (SGT) on 2 May 1952 and on 9 May 1952, he was honorably discharged due to the expiration of his term of service (ETS). He had served 3 years, 9 months, and 10 days of total active service and his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he was awarded the Purple Heart on 27 March 1951 by General Orders Number 10, issued by Headquarters, 187th Airborne Infantry Regiment. 6. On 11 May 2001, the applicant submitted an application to the Board requesting that he be awarded the Purple Heart because he had never been awarded one. The staff of the Board determined that his award of the Purple Heart was already reflected on his DD Form 214 and took steps to authorize the issuance of the medal set to the applicant. No further action was taken to issue him a Purple Heart Certificate. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that he be issued a Purple Heart Certificate because he never received any documentation to show that he was authorized the award. 2. While the DD Form 214 serves as an official document to show that the applicant is authorized the award of the Purple Heart, he is also entitled to receive a corresponding Purple Heart Certificate. 3. Accordingly, it would be in the interest of justice at this time to issue him a Purple Heart Certificate for wounds received in action in Korea on 27 March 1951, while serving in the rank of CPL. BOARD VOTE: ___X_____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 issuing him a Purple Heart Certificate showing that he was awarded the Purple Heart for wounds received in action against the enemy in Korea on 27 March 1951, while serving in the rank of CPL. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _________XXX_____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090003277 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003277 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1