| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Ronald J. Weaver | Member | |
| Mr. Arthur a. Omartian | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded the Purple Heart.
2. The applicant states that he sustained multiple wounds while on patrol in Korea from a land mine and was never awarded the Purple Heart.
3. The applicant provides copies of his medical records showing that he was wounded in action on 1 March 1951 and was treated for those wounds.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error which occurred on 1 August 1956. The application submitted in this case is dated 26 April 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records are not available to the Board for review. A fire destroyed 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.
4. The applicant enlisted in the Regular Army on 29 July 1947 for a period of 3 years. He served in the Pacific Theater of Operations (PTO) from 8 January 1948 to 16 December 1949. On 28 July 1950, he was discharged under honorable conditions at the expiration of his term of service.
5. He again enlisted in the Regular Army on 2 August 1950 and was transferred to Korea on 31 August 1950. On 1 March 1951, while serving in the rank of corporal with K Company, 15th Infantry Regiment, 3rd Infantry Division, the applicant was wounded in action as a result of a land mine explosion. He received multiple fragmentation wounds and was initially treated at the battalion aid station and then at the 8055th Mobile Army Surgical Hospital before being transferred to the 279th General Hospital in Japan and then to Tripler Army Hospital in Hawaii. He was transferred to the Army Hospital at Fort Bragg, North Carolina, on 17 May 1951.
6. He was honorably discharged on 1 August 1956, for the purpose of immediate reenlistment. He was awarded the Korean Service Medal with three bronze service stars for that period of service and he again reenlisted on 2 August 1956 and continued to serve until he was discharged under other than honorable conditions on 31 July 1957, under the provisions of Army Regulation 635-208, for unfitness due to undesirable habits and traits of character manifested by misconduct and petty offenses.
7. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his undesirable discharge in 1959 and in 1962 and the ADRB denied both of his applications. However, the applicant's records had not been destroyed at that time and the proceedings of his case indicate the applicant's award of the KSM and the fact that his records indicate his March 1951 wounds. Additionally, the applicant's name appears on the Korean War Casualty listing as being wounded on 1 March 1951.
8. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record clearly establishes that the applicant was wounded in combat in Korea on 1 March 1951, that he was treated for those wounds and that the treatment was made a matter of record.
2. The evidence also shows that he is entitled to be awarded the Purple Heart for his wounds and the Board finds that it would be in the interest of justice to award him the Purple Heart at this time.
BOARD VOTE:
jl___ __ aao_____ rjw_____ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003090817 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040122 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. 107.0015 | 61/PH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | AR20070002531C071029
The applicant’s military records are not available to the Board for review. In accordance with the applicable regulation, it would be appropriate to correct his records to show that he was wounded in action and to award him the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. publishing orders awarding him the Purple Heart for wounds received in action against enemy forces on 26 May 1951, while serving...
ARMY | BCMR | CY2006 | 20060012229
Counsel requests that the applicant be awarded the Purple Heart. The applicant's records contain a memorandum dated 23 November 1951 from the Adjutant General of the Army requesting verification of eligibility for award of the Purple Heart. Based on the foregoing, there is not basis to grant award of the Purple Heart in this case.
ARMY | BCMR | CY2005 | 20050017650C070206
The applicant requests, in effect, that his records be corrected to show the award of the Purple Heart. Evidence of records show that the applicant is entitled to the award of the ROK-KWSM. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2002 | 2002080848C070215
Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. c. Award of the Korean Service Medal. That all of the Department of the Army records related to this case be corrected by issuing to the...
ARMY | BCMR | CY2004 | 20040010931C070208
The applicant requests that his records be corrected to show a field promotion to corporal and to show he is entitled to a Purple Heart for wounds received on or about 10 August 1950. Although some of the available documents list the applicant as a corporal, these records are insufficient in and of themselves to correct his records to show he was a corporal at the time of his separation. Available medical records do show he was wounded in action on 27 September 1950.
ARMY | BCMR | CY2002 | 2002078631C070215
EVIDENCE OF RECORD : The applicant's military records show: Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Korea.
ARMY | BCMR | CY2005 | 20050003223C070206
The applicant requests that he be awarded the Purple Heart for wounds received in action against the enemy in Korea on 11 February 1951 and that his records be corrected to reflect his gunshot wound (GSW) to the left forearm on 11 February 1951. The applicant has provided sufficient evidence to show that he was wounded as a result of enemy action in Korea on 11 February 1951. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080013496
The evidence of record shows that the applicant served in Korea during the Korean conflict and was awarded the Korean Service Medal with three bronze service stars; therefore, he served a qualifying period for award of the United Nations Medal and is entitled to correction of his records to show this award. The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to...
ARMY | BCMR | CY2003 | 2003088018C070403
He was on active duty with Tank Company, 180th Infantry Regiment of the 45th Infantry Division, a National Guard organization, during the Korean War. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...
ARMY | BCMR | CY2009 | 20090009002
As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item number 29 on his DD Form 214 to show that he sustained a fracture to his right tibia and hallux valgus, left foot on 15 October 1951, in Korea; and b. amending his DD Form 214 to add the Purple Heart, the National Defense Service Medal, the Republic of Korea War Service Medal, and the United Nations Service Medal. _______ _ ___XXX____ ___ CHAIRPERSON I...