RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 MAY 2005
DOCKET NUMBER: AR20040008034
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.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Raymond Wagner | |Chairperson |
| |Ms. Barbara Ellis | |Member |
| |Ms. LaVerne Douglas | |Member |
The Board considered the following evidence:
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 that his records be corrected to show award of
the Purple Heart.
2. The applicant states an error was made at the time of his discharge.
3. The applicant provides extracts from his service medical records, a
compensation document from the Department of Veterans Affairs, and a copy
of his 1953 separation document.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 15 January 1953. The application submitted in this case
is dated
25 June 2004.
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 limitations 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 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.
4. The applicant’s separation document indicates that he entered active
duty on 14 March 1951 and served overseas for approximately 15 months where
he was awarded the Combat Infantryman Badge, the Korean Service Medal, and
the United Nations Service Medal.
5. According to the extracts from his service medical records, he
sustained shell fragment wounds to his posterior as a result of hostile
action on
19 September 1952 in North Korea. One of the medical treatment documents
notes that he was awarded the Purple Heart in orders published on 4 October
1952. A copy of that order was not available to the Board.
6. On 15 January 1953 the applicant was released from active duty. His
separation document does not reflect entitlement to the Purple Heart and
item 29 (wounds received in action with enemy forces) reflects “NONE.”
7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds sustained 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 a
medical officer, and the medical treatment must have been made a matter of
official record.
8. Army Regulation 600-8-22 also provides for award of the National
Defense Service Medal for honorable active service for any period between
27 June 1950 and 27 July 1954. That award was omitted from the applicant’s
separation document.
DISCUSSION AND CONCLUSIONS:
1. The evidence available to the Board confirms that the applicant was
wounded as a result of hostile action on 19 September 1952 in North Korea
and that he was awarded the Purple Heart in October 1952. His records,
including item 29 on his separation document, should be corrected
accordingly.
2. The evidence also confirms that the applicant is entitled to the
National Defense Service Medal, which was omitted from his separation
document.
BOARD VOTE:
__RW___ ___BE __ ___LD __ 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:
a. by showing that he was awarded the Purple Heart;
b. by showing that he is entitled to the National Defense Service
Medal; and
c. by correcting item 29 on his 1953 separation document to read
“North Korea 19 September 1952” vice “NONE.”
____ Raymond Wagner______
CHAIRPERSON
INDEX
|CASE ID |AR20040008034 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050519 |
|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. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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