RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 JANUARY 2005
DOCKET NUMBER: AR2004106764
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 |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Walter Morrison | |Chairperson |
| |Ms. Eloise Prendergast | |Member |
| |Ms. Jeanette McCants | |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 award of the Purple Heart.
2. The applicant states that he was wounded in Korea, but never received
the award of the Purple Heart.
3. The applicant provides copies of correspondence on his behalf, a copy
of a National Personnel Records Center letter to a Member of Congress (MC),
a copy of a Certification of Military Service, and a copy of a report of
medical examination.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 14 March 1953. The application submitted in this case is
dated 11 February 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 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 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. A Certification of Military Service prepared at St. Louis on 18
December 2003 shows that the applicant was a member of the Army of the
United States from 27 March 1951 to 14 March 1953 and that he was
honorably released from active duty in the rank of corporal.
5. A copy of an Honorable Discharge Certificate shows that he was inducted
on 27 March 1951 and transferred to the Army Reserve on 15 March 1953. He
was honorably discharged on 20 March 1957.
6. Medical documents (WD AGO Forms 8-26) show that the applicant, then a
member of Company G, 7th Cavalry, was treated at the aid station,
2nd Battalion, Medical Company, of the 7th Cavalry Regiment, on 8
October 1951, because of a shell fragment (mortar) wound to his right
shoulder due to enemy action in Korea at approximately 1100 hours on that
date. He was transferred to a clearing company of the 15th Medical
Battalion.
7. A medical document prepared by the 121st Evacuation Hospital indicates
that he was transferred to a Swedish Red Cross hospital on 9 October 1951.
He was received at that hospital on 10 October 1951 and returned to duty on
15 October 1951.
8. A 13 March 1953 report of medical examination indicates that the
applicant sustained a shell fragment wound to his right arm in 1951 and
spent 14 days in a Swedish hospital in Korea.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action on 8 October 1951. He is entitled
to award of the Purple Heart. HHHHHHHHH
2. Consequently, his record should be corrected to show award of the
Purple Heart.
BOARD VOTE:
___WM__ ___EP_ _ __JM ___ 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 by showing award of the Purple Heart.
_____Walter Morrison_______
CHAIRPERSON
INDEX
|CASE ID |AR2004106764 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050113 |
|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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