RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070005600 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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 military records to show award of the Purple Heart.

2.  The applicant states that he was stationed at Outpost Harry, in the Republic of Korea, where he received shrapnel wounds to his right leg, buttocks, and right hand.  He further states that he still has some of this shrapnel under his skin.  He also states that he was informed he would receive the Purple Heart, but it was not on his Report of Separation from the Armed Forces of the United States 
(DD Form 214) when he was released from active duty.

3.  The applicant provides copies of his DD form 214, four letters of support, a "Company Muster" roster dated 19 July 1952, listing the applicant as a private first class, newspaper articles and an obituary.

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.  On 8 October 1951, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 1745 (Infantry).  

3.  On 25 March 1952, the applicant departed Seattle, Washington, in route to Japan and the Republic of Korea.  He arrived in Japan on 8 April 1952 and remained there for 5 days.  On 16 April 1952, he arrived in the Republic of Korea. He was assigned for duty with Company G, 15th Infantry Regiment from 24 April 1952 to 19 March 1953.  On 24 March 1953, the applicant departed the Republic of Korea and arrived at Camp Crowder, Missouri, on 1 June 1953.  He had completed 1 year and 21 days of overseas service with 10 months and 25 days with a combat infantry unit in the Republic of Korea.  
4.  On 13 July 1953, the applicant was honorably released from active duty and transferred to the United States Army Reserve.  He had attained the rank of corporal and had completed 1 year, 9 months and 6 days of creditable active duty.

5.  The applicant’s DD Form 230 (Service Record) for the period from 8 October 1951 to 13 July 1953, shows that Section 8, (Wounds Received through Enemy Action) is blank.  Section 9 (Medals, Decorations, and Citations) does not list the Purple Heart.  

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, as corrected by DD Form 215 (Correction to DD Form 215), list his awards as the National Defense Service Medal, Good Conduct Medal, Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and the United Nations Service Medal.  It does not show the Purple Heart.

7.  Neither of the applicant's Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History) both dated 10 July 1953, indicate any history of his receiving shrapnel wounds to his right leg, buttocks, and right hand.

8.  In an undated letter, a corporal states that he knows the applicant was hit by shrapnel in the Chorwon Valley in 1952. 

9.  In a letter dated 5 December 1994, the applicant’s former platoon leader stated that the applicant served in his platoon in Korea during July and August 1952 as an automatic rifleman.  He was reassigned to the motor pool to drive supplies to the front.  It was in this capacity that he "was wounded by shell fragments from Chinese artillery as medical records would show if located."   

10.  In a second letter, dated 17 March 1998, from the applicant's former platoon leader, who had become his commander in November, 1952; he stated that the applicant was wounded by mortar shell shrapnel while serving in a combat capacity.  

11.  In a third letter, dated 14 July 2000, the applicant’s former commander stated that he earned the Purple Heart in November 1952 for shrapnel wounds received from an incoming mortar round that hit him in the leg and arm while he was filling a lister bag with water.

12.  The applicant's name does not appear on the Korean Casualty File.
13.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

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

15.  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.  There is no available evidence of record showing that the applicant received a wound in action against the enemy, or that he received any medical treatment for such a wound.

2.   The four letters of support contend that the applicant did receive shrapnel wounds and that he earned the Purple Heart.  However, these statements are not sufficiently convincing.  They also do not meet the regulatory requirement that medical treatment be a matter of official record.   Therefore, the applicant’s request for award of the Purple Heart should not be granted.

3.   The evidence of record clearly shows that the applicant served during a qualifying period for award of the Republic of Korea-Korean War Service Medal.  Therefore, his DD form 214 should be corrected to show this award. 

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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__QAS __  _DAC__   __JCR___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Republic of Korea-Korean War Service Medal.




  					    ___Jeffrey C. Redmann___
          						CHAIRPERSON




INDEX

CASE ID
AR20070005500
SUFFIX

RECON
 
DATE BOARDED
 20070920
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY                                         
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.