RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060009527 


	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



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 has justifiable grounds for submission and consideration for the award of the Purple Heart for serious wounds he received as a direct result of his service in the US Army during the Korean War.  He was advised by the 179th Infantry Regiment Commander at the Silver Star Award Ceremony that he was also entitled to the Purple Heart award for wounds suffered on 9 July 1952.  He also states that he arrived in Korea and was assigned to the 179th Infantry Regiment.  He was assigned to Company B as a litter bearer assisting the platoon medic.  

3.  The applicant further states, in effect, on the night of 9 July 1952, he was fired upon by heavy machine gun fire coming from positions from the top of a hill. They suffered casualties and he made at least 3 trips to retrieve the wounded from the top of the hill.  During one of those times, while attending a severely wounded buddy, numerous concussion grenades landed close to where he was in a crater. He managed to grab one to throw it back at the enemy.  One concussion grenade exploded near him, causing facial and eye wounds, and two black eyes.  Throughout the years he has had recurring nightmares about this night accompanied by headaches, nervous disorders, and tremors.

4.  The applicant also states that after requesting information about the issuance of the Purple Heart for wounds suffered in action, he was denied the award for lack of records.  However, in signed affidavits it clearly states he suffered wounds to the face and eyes during the special mission of 9 July 1952.  As a result of his actions in serving his country he was awarded the Silver Star.

5.  The applicant provides copies of his honorable discharge (DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)); his written testimony, his DA Form 639 (Recommendation for Award – Heroism); his general orders for the Silver Star, affidavits from two fellow Soldiers; his scale of terrain "Three Sisters Hill," Pokkae, Korea; photographs of himself; his Department of Veterans Affairs (VA) Statement in Support of Claim form; in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 21 February 1957.  The application submitted in this case is dated 27 June 2006.
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.  Information herein was obtained from available records and documentation submitted by the applicant.

4.  The DD Form 214 shows the applicant enlisted in the Regular Army, in pay grade E-1, on 22 May 1950, for 3 years.  He completed training and was assigned military occupational specialty 917.60, dental specialist.  He served overseas for 1 year and 1 month.  

5.  The applicant submits a DA Form 639, dated 21 July 1952, showing he was recommended for award of the Silver Star for saving many men while working quickly and efficiently under heavy fire on 9 July 1952 in Pokkae, Korea.

6.  The applicant also submits affidavits from former fellow Soldiers attesting to the applicant's actions on the night of 9 July 1952.  He also submits General Orders Number 430, dated 5 September 1952, awarding him the Silver Star and pictures of him receiving the award.  

7.  The applicant was honorably discharged from active duty, as a sergeant (temporary), on 21 February 1957.

8.  Entries on the applicant's DD Form 214 do not show he was wounded in action or awarded the Purple Heart.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, and the Silver Star.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, "None." 


9.  Item 32 (Remarks) of the applicant's DD Form 214 shows he was discharged on 6 January 1954 for expiration of his term of service and reenlisted on 7 January 1954, for 3 years.

10.  There are no service medical records to show that he was wounded or treated for wounds as a result of hostile action or was awarded the Purple Heart. 

11.  The Korean War Casualty List does not show the applicant’s name as wounded as a result of enemy action.

12.  The applicant further submits his VA claim form, dated 31 May 2004, concerning his medical and mental condition.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

14.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

15.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to a unit that was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 30 dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded or injured in action.  There is no evidence of record, and the applicant has provided insufficient evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action during the Korean War.  The applicant's name is not recorded on the Korean War Casualty File and Item 26 of his DD Form 214 has the entry, "None," to indicate he did not receive a wound in action against a hostile force.  Based on the foregoing, the applicant did not meet the regulatory requirements for award of the Purple Heart; therefore, he is not entitled to this award.  

2.  Careful consideration was given to the documentation provided by the applicant.  However, given the lack of any corroborating evidence of record from other independent sources, these documents alone are not sufficient to meet the regulatory burden of proof necessary to support the award of the Purple Heart. 

3.  The evidence shows the applicant met the criteria for award of the Korean War Service Medal.  The evidence also shows that based on his service in Korea and campaign participation, the applicant is entitled to the Republic of Korea Presidential Unit Citation.  He is therefore entitled to award of these medals and to have them added to his DD Form 214.  

4.  Evidence shows that the applicant’s records contain administrative error which does 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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 February 1957, the date of his discharge from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 20 February 1960.  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.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___A____  __JLP___  ___EM__  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 for award of the Purple Heart.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Korean War Service Medal and the Republic of Korea Presidential Unit Citation, and providing him a corrected separation document showing these awards.




      ___
                CHAIRPERSON




INDEX

CASE ID
AR20060009527
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY w/NOTE
REVIEW AUTHORITY

ISSUES         1.
107.15
2.

3.

4.

5.

6.


ABCMR Record of Proceedings (cont)                                         AR20060009527


6


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508