RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070012710 


	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. David K. Haasenritter 

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that the US Army failed to issue him a Purple Heart when he was wounded in Korea.  He was treated at a field hospital.  The doctor who treated him told him that the shrapnel could not be removed at that facility.  He was sent back to the front.  He adds that he wishes for the VA (Veterans Administration) Medical Center, in Augusta, Georgia, to remove the shrapnel to verify his wounds.  He was told that his medical records were burned in the St. Louis fire.  His DD Form 214 shows he has tissue damage.  He has x-rays and he has tried to get his field hospital record to show he received treatment for shrapnel to the left chest.

3.  The applicant provides no additional documentation in support of his request. 

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.  His DD Form 214 shows that he was inducted and entered active duty on 1 December 1952.  He was trained in military occupational specialty (MOS), 111.70, as a Light Weapons Infantryman.     




3.  The applicant was promoted to pay grade E-2 on 1 April 1953.  He served until he was honorably discharged on 30 January 1954 for immediate reenlistment.   He reenlisted on 31 January 1954.  He was promoted to sergeant (SGT/E-5) on 27 October 1955.  He completed 3 years, 2 months, and 25 days of foreign service.  He continued to serve until he was released from active duty on 9 January 1957. 

4.  The applicant's DD Form 214, dated 9 January 1957, shows he was awarded the National Defense Service Medal; the Army of Occupation Medal, with Germany Clasp; the Good Conduct Medal; the United Nations Service Medal; the Korean Service Medal, with one bronze service star; the Combat Infantryman Badge; and the Republic of Korea Presidential Unit Citation.  His DD Form 214 does not show any additional awards.

5.  Item 29 (Wounds Received as a Result of Action With Enemy Forces), of his DD Form 214, dated 30 January 1954, shows the entry "None.”

6.  The applicant’s name does not appear on the Korean War Casualty File. 

7.  The available evidence does not show the applicant was awarded the Purple Heart.  There also is no evidence in his records to show he was wounded or treated for wounds as a result of hostile action.  

8.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

9.  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 are no orders awarding the applicant the Purple Heart, he is not listed on the Korean War Casualty File, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.

2.  The applicant contends that the US Army failed to issue him a Purple Heart when he was wounded in Korea; that he was treated at a field hospital; and that the doctor who treated him told him that the shrapnel could not be removed at that facility.  However, there is no evidence, and he has provided none, to support his contentions. 

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, dated 9 January 1957.

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

__EM____  __JH____  ___DH__  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 to show award of the Purple Heart.

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 the applicant is entitled to award of the Republic of Korea - Korean War Service Medal. 




____David K. Haasenritter ______
          CHAIRPERSON




INDEX

CASE ID
AR20070012710
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080125
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19570109
DISCHARGE AUTHORITY
AR635-205
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.