RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070008030 


	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. 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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart for wounds received in action in 1952, in the Republic of Korea.

2.  The applicant states that he received shrapnel wounds to his face and arm in August 1952 while serving with Company K, 15th Infantry Regiment, 3rd Infantry Division.  He recuperated in a Korean hospital as well as in the Tokyo Army Hospital.  He was personally presented with the Purple Heart by an Army officer while still in his pajamas during his stay at the Tokyo hospital.  Until now, he never realized that the Purple Heart was not on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and a 1972 Department of Veterans Affairs (VA) medical report.

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  On 4 January 1951, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 1745 (Infantryman).  He was subsequently assigned to the Republic of Korea.

4.   The Korean Casualty File shows that the applicant became a casualty in North Korea on 15 August 1952.  He was returned to duty.
5.  On 2 December 1953, the applicant was released from active duty.  He had attained the rank of private and had completed 2 years, 10 months, and 2 days of creditable active duty.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 list his awards as the National Defense Service Medal, Army of Occupation Medal with Germany and Japan Clasps, United Nations Service Medal, Korean Service Medal with one bronze service star,  and the Combat Infantryman Badge.  It does not show the Purple Heart.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 contains the entry “SFW [shell fragment wound] in left cheek and arm.”

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 by military medical personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.

9.  A review of the applicant's available records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal 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. 


11.  The 1972 VA medical report shows that the applicant had received wounds to his face and still retained a shell fragment in the lateral aspect of his right maxillary antrum situated in the maxilla.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly and convincingly shows that the applicant was wounded in action against the enemy in the Republic of Korea.  His name appears on the Korean Casualty File.  The applicant’s records are no longer available for review. However, the seriousness of his wounds makes it very reasonable to presume that he received medical treatment.  Therefore, he should be awarded the Purple Heart.
 
2.  The evidence of record clearly shows that the applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this foreign award. 

BOARD VOTE:

_GJP ___  __WDP _  __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.  awarding him the Purple Heart for wounds received on 15 August 1952, in the Republic of Korea; and





b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart and the Republic of Korea War Service Medal.



__William D. Powers
     CHAIRPERSON


INDEX

CASE ID
AR20070008030
SUFFIX

RECON
  
DATE BOARDED
20071127 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.