RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070010067 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Ms. Eloise Prendergast

Member

Mr. James Hastie

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 award of the Purple Heart.

2.  The applicant states, in effect, that he was informed by members of the Military Order of the Purple Heart that he was entitled to award of the Purple Heart based on frostbite to his right and left feet which occurred when he served in the Republic of Korea during the Korean Conflict.  

3.  The applicant provides copies of two DD Forms 214 (Report of Separation or Transfer from the Armed Forces of the United States) with separation effective dates of 15 June 1955 and 14 November 1958, and a copy of his Department of Veterans Affairs Rating Decision dated 27 January 2004.

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 for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s DD Form 214.

3.  The available record shows the applicant enlisted on 5 June 1952 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 1966 (Track Vehicle Repairman).

4.  The applicant's DD Form 214 with a separation effective date of 15 June 1955 shows he completed 1 year, 3 months, and 29 days of foreign and/or sea service.

5.  There are insufficient records to determine the units to which the applicant was assigned or the dates during which he was assigned.

6.  On 15 June 1955, the applicant was released from active duty and transferred to the United States Army Reserve.  The DD Form 214 he was issued on this date shows he completed 3 years of active federal service that was characterized as honorable.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.  Item 27 does show the applicant was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the National Defense Service Medal.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 with a separation date of 15 June 1955 shows the entry "None."

9.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 with a separation date of 14 November 1958 shows the entry "None."

10.  The applicant provided as supporting evidence to his application a copy of his Department of Veterans Affairs (DVA) Rating Decision dated 27 January 2004.  This document shows that he is subject to financial compensation for Post Traumatic Stress Disorder (PTSD) and residuals from cold weather injuries to his left and right feet which the DVA cite as service- connected due to the applicant's foreign service tour in the Republic of Korea.  The DVA document further cites the medical conditions afflicting the applicant were incurred during combat operations. 

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services has been wounded, killed, or who has died as a result of 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.

12.  The applicant's record shows that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

13.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for frostbite to his feet, which occurred while serving in combat operations in the Republic of Korea.

2.  There is no entry in Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 with a separation effective date of 15 June 1955.   Due to a fire at the National Personnel Records Center in 1973, there are no available personnel or medical records for the Board to review with this application.  A requirement for award of the Purple Heart is medical treatment and the treatment must be documented in official military medical records.  Therefore, in the absence of substantiating medical evidence, there is insufficient evidence upon which to base award of the Purple Heart.

3.  Based on the applicant’s award of the Korean Service Medal, he met the service requirements for award of the Republic of Korea War Service Medal.  Therefore, the applicant is entitled to the Republic of Korea War Service Medal.



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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___LS___  ___EP __  ___JH___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Korea War Service Medal. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_____Linda Simmons________
          CHAIRPERSON




INDEX

CASE ID
AR20070010067
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071204
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY/W NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0150
2.

3.

4.

5.

6.