RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070015039 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 that his records be corrected to show the award of the Purple Heart.

2.  The applicant states that he was wounded by an aerial burst from enemy artillery at Octook-Tong, Korea on 9 June 1950.  He said a Chaplain took him to the medical tent, where he was treated and placed on bed rest for 12 hours.  He does not know if this treatment was recorded because his medical records were burned in the fire at St. Louis, Missouri.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a character statement from his brother.

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 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 to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed military service records show that he entered active duty on 6 August 1948.  He completed all the necessary training and was awarded the specialty number 4345 (Vehicle Driver, Light).

4.  His reconstructed military service records show that between 7 March  
1949 and 4 July 1951, the applicant served with Company A, 32nd Infantry Regiment; Headquarters Company, X Corps; Headquarters Company, 772nd Military Police Battalion; and Medical Company, 31st Infantry Regiment in the Republic of Korea.  The applicant was honorably discharged from active duty on 10 May 1952.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Occupation Medal-Japan, Korea Service Medal with 3 bronze service stars, Presidential Unit Citation, Combat Infantryman Badge, Bronze Star Medal, and Combat Medical Badge.  However, it does not show the award of the Purple Heart.

6.  Item 29 (Wounds Received as a result of Action with Enemy Forces) of the applicant's DD Form 214 shows the entry "None."

7.  A review of the Korean War Casualty Files does not show the applicant's name listed among those wounded.

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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

9.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 27 of his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal (UNSM).  In pertinent part, the regulation states that the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the UNSM.

11.  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:  

	a.  while on permanent assignment;

	b.  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 

	c.  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 is no evidence in his reconstructed records which shows he was wounded, or injured as a result of hostile action, or treated for such wounds at Octook-Tong, Korea on 9 June 1950.  Therefore, he is not entitled to an award of the Purple Heart.

3.  Evidence of records show that the applicant is authorized the awards of the ROKWSM and the UNSM.  Therefore, he is entitled to correction of his records to show these awards.

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

__MKP__  __SVW__  __JCR __  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 award 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 awards of the ROKWSM and UNSM.




____M. K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080221
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY (w/note)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.