RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20060016517 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Michael J. Flynn

Member

Mr. Jeffrey C. Redmann

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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the award of the Purple Heart. 

2.  The applicant states, in effect, he should have been awarded the Purple Heart for his wounds sustained at Kumwha, Korea on 21 July 1953.  He states he was assigned to the 187th Airborne Regimental Combat Team (Rakkasans) when they evacuated him to Taegu, Korea.

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 24 December 1953.  The application submitted in this case is dated  
18 November 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 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 to conduct a fair and impartial review of this case.

4.  The applicant's reconstructed records show that he entered active duty on  
12 December 1950.  He served a tour of duty in the military occupational specialty 1727 (Water Supply Supervisor) with the 507th Engineer Water Supply Company and Headquarters, Engineer Company, 187th Airborne Regiment Combat Team in the Republic of Korea during the period 14 March 1953 to 6 November 1953.  The applicant was honorably separated from active duty on 24 December 1953, after serving 3 years of active service.


5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the awards of the Korean Service Medal with 2 Bronze Campaign Stars, United Nations Service Medal, National Defense Service Medal and Combat Infantryman Badge.  However, it does not show the applicant was awarded the Purple Heart.

6.  Item 29 (Wounds Received as a result of Action with Enemy Forces) of the DD Form 214 shows the entry "Flesh wound face Korea 21 Jul 53."

7.  AGO Form 0365 (Battle Casualty Report), dated 30 July 1953 shows that the applicant was slightly wounded in action and, as a result, sustained a flesh wound to the face by artillery fire on 21 July 1953.

8.  The Surgeon General Office hospital file shows that the applicant was treated for a wound, penetrating, missile with no nerve or artery involvement.

9.  A review of the Korean War Casualty Files show the applicant's name was listed among those wounded.  The applicant's entry contains the injury 
code "LN" which indicates that he was wounded in action in North Korea.  The roster further shows that the applicant sustained these injuries on 21 July 1953.

10.  Army Regulation 672-5-1 (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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

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 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.
13.  Section 21 (Medals, Decorations, and Citations) of the applicant's DA Form 24A (Service Record) shows that the applicant was awarded the Parachutist Badge based on Headquarters, Training Infantry Center, Fort Benning, Georgia Special Orders Number 91, dated 27 April 1951 and the Overseas Service Bar based on Eighth United States Army in Korea Circular 159, dated 7 November 1951.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  The Korean War Casualty File shows the applicant sustained wounds as a result of hostile action on 21 July 1953.  This is sufficient evidence to meet the criteria for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 21 July 1953 while in the Republic of Korea and correction of his records to show this award.

3.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the ROK-KWSM.  Therefore, the applicant is entitled to correction of his records to show this foreign unit award.

4.  Records show that the applicant was awarded the Parachutist Badge and the Oversea Service Bar.  Therefore, the applicant is entitled to correction of his records to show these awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 December 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
23 December 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 are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

___mjf___  ___cd___  ___jcr__  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 waive failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for wounds sustained in the Republic of Korea on 21 July 1953, the ROK-KWSM, Parachutist Badge and the Oversea Service Bar.




________Carmen Duncan__________
          CHAIRPERSON




INDEX

CASE ID
AR20060016517
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070607
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.