RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060012697 


	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.




	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 military records be corrected to show the award of the Purple Heart.

2.  The applicant essentially states that he was wounded in action during the Korean War, and received the Purple Heart at a hospital in Japan, but that there was no document of him receiving the Purple Heart. 

3.  The applicant provides a multitude of documents, which included extracts of his medical records which shows that he was wounded in action by a hand grenade on 19 February 1953 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
8 June 1954, the date of his release from active duty.  The application submitted in this case is dated 30 August 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant’s records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.  

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Combat Infantryman Badge, and the Meritorious Unit Commendation, but it does not show the award of the Purple Heart.  Item 29 (Wounds Received as a Result 
of Action with Enemy Forces) of this same document has an entry on “None.”  However, the applicant provided extracts of his medical records which clearly show that he was wounded in action on 19 February 1953.  These extracts of his medical records are corroborated by a corresponding entry on the Korean War Casualty File.

5.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.

6.  The applicant’s DD Form 214 shows that he had 1 year, 5 months, and 2 days of foreign and/or sea service.  This document also shows that he was awarded the Korean Service Medal and the United Nations Service Medal.  However, it does not show that he was awarded the Republic of Korea – Korean War Service Medal. 

7.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

8.  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.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.  

2.  Evidence of record clearly shows that the applicant was wounded in action on 19 February 1953 while serving in Korea, and that the medical treatment he received for his wounds was made a matter of official record.  Therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

3.  The applicant’s DD Form 214 shows that he had 1 year, 5 months, and 2 days of foreign and/or sea service.  This document also shows that he was awarded the Korean Service Medal and the United Nations Service Medal.  Therefore, it is reasonable to presume that he served at least 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.  Therefore, he is entitled to award of the Republic of Korea – Korean War Service Medal, and correction of his military records to show this award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 June 1954, the date of his discharge from the Army.  As a result, the time for him to file a request for correction of any error or injustice expired on 7 June 1957.  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 are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

___KW__  ___LD___  ___EF __  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 he was awarded the Purple Heart for wounds received in action on 19 February 1953 while serving in Korea and by  awarding him the Republic of Korea – Korean War Service Medal.





_____ Kenneth Wright_______
          CHAIRPERSON

INDEX

CASE ID
AR20060012697
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0142.0000
3.
110.0400.0000
4.

5.

6.