IN THE CASE OF:	  

		BOARD DATE:	       14 OCTOBER 2009

		DOCKET NUMBER:  AR20090006939 


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 the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart in the hospital in Korea for shrapnel to his head and loss of hearing.

3.  The applicant provides his DD Form 214 (Report of Separation from Active Duty).

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.  
3.  The applicant enlisted in the Regular Army on 27 February 1951 with prior service, and served with the 1812th Heavy Mortar Company, 6th Infantry as a sergeant first class.

4.  A morning report shows that the applicant's duty status was changed from duty to sick in hospital on 26 April 1951.  The applicant's status was listed as "SWA" (slightly wounded in action).  Another morning report shows that the applicant's duty status was changed from hospitalized to duty effective 7 May 1951.  Again his status was listed as SWA.

5.  The applicant was honorably discharged on 3 February 1954.  The DD Form 214 he was issued, Item 29, Wounds received as a result of action with enemy forces, has "SHRAPNEL IN HEAD 26 APR 51" entered.

6.  Hospital admission cards of the Office of The Surgeon General, commonly referred to as the "SGO Files,” show that the applicant was treated on 26 April 1951 for "wound, lacerated, missile with no nerve or artery involvement" to his scalp.  The wound was caused by an explosive projectile shell from gun or mortar as a direct result of action against or by an organized enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit's morning reports show he was wounded in action; his DD Form 214 shows he was wounded in action; and the SGO Files show he was wounded in action.  As such, it is abundantly clear that the applicant was entitled to the Purple Heart.

2.  As such, it would be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

___X_____  ___X____  __X______  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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for a scalp wound incurred on 26 April 1951 in Korea, and this decoration be added to his DD Form 214.



      _______ _   ___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)                                         AR20090006939





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ABCMR Record of Proceedings (cont)                                         AR20090006939



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