RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20060017728 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Gerald J. Purcell

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

2.  The applicant states he was awarded a Purple Heart, and it was not put on his DD Form 214.  He always knew it was not on the DD Form 214, but he had the other documentation.  It became important at the Department of Veterans Affairs Medical Center.

3.  The applicant provides a copy of his DD Form 214; a DA Form 1577 (Request for Issuance of Award); and an application for award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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.  

3.  The applicant enlisted in the Regular Army on 18 July 1950.  He was honorably discharged on 24 February 1953.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge, the Korean Service Medal, and the “KSM, w/2 Brz Stars” (a duplicate entry of the Korean Service Medal).

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows he was wounded on 9 February 1951.  His name is listed on the Korean Casualty File.  Office of The Surgeon General Hospital Admission Cards show he was hospitalized on 9 February 1951 for a head wound, battle morbidity.

6.  On 9 October 1967, the applicant applied for the Purple Heart.  It appears orders may have been issued, although orders are not available, as he was authorized issuance of the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards) states 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 military medical personnel, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states 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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

9.  Army Regulation 600-8-2 provides for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and    27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.

10.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows that the applicant was wounded in action in 1951, and it appears he was awarded the Purple Heart around 1967.  The Purple Heart should be added to his DD Form 214.

2.  The applicant also met the eligibility criteria for award of the United Nations Service Medal, the National Defense Service Medal, and the ROKWSM.  These awards should be added to his DD Form 214.

BOARD VOTE:

__wdp___  __gjp___  __jgh___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  deleting all the entries in item 27 of his DD Form 214; and

     b.  amending item 27 of his DD Form 214 to show he was awarded the Combat Infantryman Badge, the Purple Heart for wounds sustained on 9 February 1951, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the National Defense Service Medal, and the ROKWSM.




	__William D. Powers___
          		CHAIRPERSON




INDEX

CASE ID
AR20060017728
SUFFIX

RECON

DATE BOARDED
20071127
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.

3.

4.

5.

6.