RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060014731 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. David K. Hassenritter

Member

Mr. John G. Heck

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 correction of his records to show awards of the Korean Service Medal and the Purple Heart.

2.  The applicant states, in effect, that he served in Korea from October 1953 through March 1955.  He states that he worked with demolitions and was engaged in many combat missions.  He continues that he was treated for a gunshot wound to his left leg while serving in Korea and suffers from extreme hearing loss.  He concludes that he never received the Purple Heart for his gunshot wound. 

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) with the ending period 5 April 1955.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on 5 April 1955.  The application submitted in this case is dated 2 October 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, this case is being considered using reconstructed records, which primarily consist of his DD Form 214.  

4.  The applicant's DD Form 214 shows he entered active duty on 9 April 1953. Item 26 (Foreign and/or Sea Service) shows the entry "1" year, "5" months, and "0" days.  Item 28 shows his most significant duty assignment was with A Company, 79th Engineer (Construction) Battalion. 



5.  Item 27 (Decorations, Medals, Commendations, Citations and Campaign Ribbons or Authorized) shows he was awarded the National Defense Service Medal, the United Nations Service Medal, the Army Good Conduct Medal, and the Meritorious Unit Commendation.

6.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence in the available service personnel records that show that he was wounded or treated for wounds as a result of hostile action in Korea.  The applicant's name is not listed on the Korean Casualty Roster.  

7.  The applicant's Army Medical Treatment Records are unavailable.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

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.

10.  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 are no time limitations for requests for award of the Purple Heart.

11.  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.  Although, the applicant's complete records from his U.S. Army active duty service are unavailable, it is noted that he was awarded the United Nations Service Medal apparently for his service in Korea.  Therefore, this award is accepted as sufficient to show he met the eligibility criteria for the Korean Service Medal and the Republic of Korea-Korean War Service Medal.

2.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows he was wounded or treated for wounds as a result of hostile action.  

3.  In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 April 1955.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 April 1958.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JS  ___  ___DKH_  ___JGH _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 amending his DD Form 214 for the period ending 
5 April 1955 to show award of the Korean Service Medal and the Republic of Korea-Korean War Service Medal. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.




____Mr. John Slone_        _
          CHAIRPERSON




INDEX

CASE ID
AR20060014731
SUFFIX

RECON

DATE BOARDED
19 APRIL 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0070.0000
2.
107.0142.0000
3.
107.0015.0000
4.

5.

6.