RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20070001571 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Robert J. Osborn 

Member

Mr. Michael J. Flynn

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, correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

2.  The applicant states, in effect, that he received a shrapnel wound in October 1951 in the right lower abdomen in Korea during combat.  He adds that his medical records should show he received medical treatment at a first aid station in Korea; the US Army Hospital, Tokyo, Japan; and at a rehabilitation center.  

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 January 1953, the date of his release from active duty.  The application submitted in this case is dated 17 January 2007 but was received for processing on 1 February 2007.

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 reconstructed records contain a copy of his DD Form 214 which shows that he was inducted into the Army of the United States on 14 February 1951, with prior military service.  He was trained in military 
occupational specialty (MOS), 4405, as a Clerk Typist.  He was promoted to corporal on 8 January 1952.  He completed 1 year, 4 months, and 16 days of foreign service.

5.  The applicant's DD Form 214 shows he was awarded the Korean Service Medal and the United Nations Service Medal.  His DD Form 214 does not show any additional awards.

6.  Item 29 (Wounds Received as a Result of Action With Enemy Forces), of his DD Form 214, shows the entry "NONE." 

7.  The applicant’s name does not appear on the Korean War Casualty File for a shrapnel wound received in October 1951 during his service in Korea. 

8.  There is no record that the applicant was awarded the Purple Heart.  There also is no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  There is no evidence, and the applicant provided none, he received treatment in Korea and was medically evacuated to receive additional treatment and rehabilitation. 

9.  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. 

10.  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.

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 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.  There is no evidence of record which shows that he received a wound in October 1951 to his right lower abdomen in Korea during combat.  There are no orders officially awarding the applicant the Purple Heart, he is not listed on the Korean War Casualty File, and there are no medical records, and the applicant did not provide any, to show that he was treated for a wound as a result of hostile action.  Therefore, based on the available evidence presented, there is an insufficient basis to approve an award of the Purple Heart.

2.  The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

3.  The evidence shows the applicant served 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. 

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 January 1953, the date of his release from active duty.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 29 January 1956.  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:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MJF___  __RJO___  _J______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is appropriate to waive failure to timely file in this case.

2.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to grant award of the Purple Heart and correction of the records of the individual concerned.

3.  The Board further determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the individual is entitled to award of the National Defense Service Medal and the Republic of Korea-Korean War Service Medal.




_____John T. Meixell______
          CHAIRPERSON




INDEX

CASE ID
AR20070001571
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070719
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19530130
DISCHARGE AUTHORITY
AR 615-363-5
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.