RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:           29 September 2005                   
	DOCKET NUMBER:  AR20050001666


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Paul Smith

Member

Mr. Leonard Hassell

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 the Purple Heart was offered to him by the medical sergeant while in combat in Korea from March 1951 to April 1952.  He contends he sustained injuries as a result of being pinned down to avoid being hit by enemy artillery, stones, and small rocks. 

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error which occurred on 15 October 1953.  The application submitted in this case is dated 17 January 2005.  

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.  The applicant was inducted on 7 November 1950.  He served as an infantryman in Korea and was honorably discharged on 15 October 1953.

5.  The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star and the Combat Infantryman Badge as authorized awards.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows the entry, "NONE."

6.  There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.
7.  The applicant’s name does not appear on the Korean War Casualty Roster.

8.  Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  

9.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

11.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

12.  The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, 
Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  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.



DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.  

2.  Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal.  

3.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

4.  Records show the applicant should have discovered the alleged error now under consideration on 15 October 1953; therefore, the time for the applicant to file a request for correction of any error expired on 14 October 1956.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

5.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

LE_____  PS_____  LH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the United Nations Service Medal and the National Defense Service Medal. 



		___Lester Echols______
		        CHAIRPERSON





INDEX

CASE ID
AR20050001666
SUFFIX

RECON

DATE BOARDED
20050929
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.