RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014079 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Carmen Duncan

Member

Ms. Rea M. Nuppenau

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 that he sustained shrapnel wounds to the inside of his left leg near his knee in 1950 during his service in Korea.  He was treated at a field hospital or a medic’s tent and was never evacuated to Japan as were the more seriously wounded.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  a copy of WD AGO Form 53 (Enlisted Record and Report of Separation, Honorable Discharge), dated 4 March 1948; and 

	b.  a copy of DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 4 March 1952. 

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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.



3.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 5 October 1946 in military occupational specialty (MOS) 055 (General Clerk).  He was honorably discharged on 4 March 1945 for the purpose of immediate reenlistment.  He reenlisted on 5 March 1948 for a period of 3 years and was honorably discharged on 4 March 1952.  

4.  The applicant's record shows he was issued two discharge/separation documents during his military service as follows:

	a.  WD AGO Form 53, dated 4 March 1948, shows:

		1.  he was assigned to "Headquarters and Headquarters Detachment, Hokkaido Military Government District, Camp Crawford, Hokkaido, Japan;"

		2.  he served in Yokohama, Japan during the period 9 December 1946 through 4 March 1948 and completed 2 months and 2 days of continental service and 1 year, 2 months, and 21 days of foreign service during this period of service;

		3.  he was honorably discharged on 4 March 1948; 

		4.  Item 33 (Decorations and Citations) of this form shows he was awarded the World War II Victory Medal and the U.S. Army of Occupation Medal with Japan Clasp.  Item 33 does not show award of the Purple Heart; and

		5.  Item 34 (Wounds Received in Action) of this form contains the entry "None." 

	b.  DD Form 214, dated 4 March 1952, shows:

		1.  he reenlisted in the Regular Army on 5 March 1948.  He was involuntarily extended for one year and was honorably discharged on 4 March 1952;

		2.  Item 26 (Foreign and Sea Service) shows that he completed 3 years, 3 months, and 5 days of overseas service during this period of his service;

		3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the Good Conduct Medal, the Combat Infantryman Badge, the Korean Service Medal with 5 bronze service stars, the United Nations Service Medal, and the Distinguished Unit Emblem.  Item 27 does not show award of the Purple Heart; and, 

		4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None.”  

5.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces 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 after 5 April 1917, died or sustained wounds as a result of hostile action.

6.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.

7.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

8.  The applicant's record shows he is entitled to additional awards that are not listed on his DD Form 214.

9.  Army Regulation 600-8-22 provides 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. 

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

2.  There are no General Orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of evidence that he was wounded or injured as a result of hostile action and treated for those wounds, the applicant is not entitled to award of the Purple Heart in this case.

3.  Evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records. Therefore, he is entitled to correction of his records to show this award.  

4.  Evidence of record shows that during his second enlistment, the applicant served 3 years, 3 months, and 5 days of overseas service, mostly in Japan.  Although his records do not show the exact dates of his service or the length of that service in Korea, there is sufficient evidence that shows he served a qualifying period for award of the Republic of Korea War Service Medal as evidenced by his Korean Service Medal with five bronze service stars.  Therefore, he is entitled to correction of his records to show this award. 

5.  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

__jtm___  __cd____  __rmn___  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 be corrected by
showing award of the National Defense Service Medal and the Republic of Korea War Service Medal.



							John T. Meixell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.