RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20070000024 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Joe Schroeder

Member

Mr. Chester Damian

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

2.  The applicant states, in effect, that he was awarded the Purple Heart for wounds received in action in Korea.

3.  The applicant provides a letter written in Spanish, dated 15 November 2005, from the Military Order of the Purple Heart; a copy of his DD Form 214; a DA Form 1577 (Authorization for Issuance of Awards), dated 13 December 1993, which shows that he was authorized the Purple Heart and other awards; and page four of a Department of Veterans Affairs appeal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 10 December 1952.  The application submitted in this case is dated 
12 December 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 was inducted on 8 March 1951.  He served as an infantryman in Korea and was honorably released from active duty on 10 December 1952.

5.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, and the United Nations Service Medal as authorized awards.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, "FLESH WOUND NECK 21 SEP 52.”

6.  There are no orders for the Purple Heart in the available records.  However, the Korean Casualty Roster shows he was wounded in action on 20 September 1952. 

7.  The Office of The Surgeon General Hospital List shows the applicant was hospitalized on 20 September 1952 in Korea for shoulder and neck wounds sustained as a direct result of enemy action.  

8.  Army Regulation 600-8-22 (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, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

10.  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 item 29 on the applicant’s DD Form 214 shows that he was wounded on 21 September 1952, the preponderance of evidence in this case shows that he was wounded on 20 September 1952 in Korea. 

2.  The medical evidence of record and the entry on the Korean Casualty Roster which show the applicant was wounded in action on 20 September 1952 in Korea are accepted as sufficient evidence on which to amend items 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and 29 on his DD Form 214.  Therefore, item 27 on his DD Form 214 will be corrected to show award of the Purple Heart and item 29 will be corrected to show he was wounded on 20 September 1952.  

3.  The applicant served a period of qualifying service for award of the National Defense Service Medal and the ROK-KWSM.

4.  Records show the applicant should have discovered the alleged error now under consideration on 10 December 1952; therefore, the time for the applicant to file a request for correction of any error expired on 9 December 1955.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

LS_____  _JS_____  __CD____  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:

	a.  amending item 27 on his DD Form 214 to add the Purple Heart, the National Defense Service Medal, and the ROK-KWSM; 

	b.  deleting the entry, “21 SEP 52” in item 29 on his DD Form 214; and  

adding the entry, “20 SEP 52” in item 29 on his DD Form 214.



__Linda Simmons_______
          CHAIRPERSON

INDEX

CASE ID
AR20070000024
SUFFIX

RECON

DATE BOARDED
20070605
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.