RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060014022 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright 

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine Fields

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 request, in effect, that he be awarded the Purple Heart. 

2.  The applicant states, in effect, that he was wounded in Korea in 1953 and that his military personnel records will show this.  He remained in the hospital for over 20 days after being blown off a mountain near Taejon, Korea.  He was stationed with the 24th Infantry Division.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 1 August 1957, the date of his discharge.  The application submitted in this case is dated 26 August 2006 but was received on 29 September 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.  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 records contain a copy of a NA Form 13038 (Certification of Military Service), dated 22 September 1992, which shows that he entered the Regular Army on 7 July 1948 and continued to serve until he was honorably discharged on 22 July 1951, in the rank of Private.




5.  The applicant's military records show he reenlisted in the Regular Army on 23 July 1951, and was trained in military occupational specialty (MOS), 612.10, Construction Machine Operator.  He completed 1 year, 10 months, and 28 days of foreign service.  He was promoted to the rank SP3 (Specialist Third Class) on 14 June 1957.  He served until he was honorably discharged on 1 August 1957.  

6.  The applicant's DD Form 214 shows he was awarded the Army of Occupation Medal, with Japan Clasp, the United Nations Service Medal, the Korean Service Medal, with three bronze service stars, and the National Defense Service Medal. His DD Form 214 does not show any additional awards.

7.  Item 27 (Wounds Received as a Result of Action with Enemy Forces), of his DD Form 214, shows the entry "NONE." 

8.  The morning report for Company E, 19th Infantry Regiment, dated 18 and 21 February 1951, shows that the applicant was lightly injured in action (LIA), while serving in Korea, and his injury was considered in the line of duty.  

9.  The applicant’s name does appear on the Korean War Casualty File for a wound received on 13 February 1951, during his service in Korea. 

10.  The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which show that the applicant was diagnosed as having a lacerated wound to his hand, non-missile with no nerve or artery involvement on 13 February 1951, while serving in Korea.  

11.  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 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. 

12.  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 Republic of Korea - Korean War Service Medal.  To qualify for award of the Republic of Korea - Korean War Service Medal, 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 evidence of record shows that the applicant was wounded on 13 February 1951 while serving in Korea.  He was diagnosed as receiving a lacerated wound to his hand, non-missile with no nerve or artery involvement.  This evidence is sufficient to approve and correct his records to award him the Purple Heart.  

2.  The evidence shows the applicant served in Korea during the qualifying period for award of the Republic of Korea - Korean War Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214. 

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 August 1957, the date of his separation.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 31 July 1960.  The applicant did not file within the ABCMR’s 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case. 

BOARD VOTE:

__KLW__  __LD ___  ___E.F.__  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 that he was awarded the Purple Heart and the Republic of Korea-Korean War Service Medal.




______Kenneth Wright____
          CHAIRPERSON




INDEX

CASE ID
AR20060014022
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19570801
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.