IN THE CASE OF:
BOARD DATE: 3 JUNE 2008
DOCKET NUMBER: AR20070015394
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (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, in effect, he has the award of the Purple Heart, but his separation document (DD Form 214) does not show the award.
3. The applicant provides a copy of his DD Form 214 and the United States Army Hospital General Orders Number 27 dated 5 June 1953.
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 applicants 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 applicants 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 personnel record shows he was inducted into the Army of the United States on 26 February 1952. His personnel record shows no specialty number or symbol, however, his branch of service is recorded as Infantry. He was honorably released from active duty on 25 November
1953 after serving 1 year and 9 months of Net Service Completed for Pay Purposes This Period.
3. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 shows the Combat Infantryman Badge, Korean Service Medal with 2 bronze service stars, United Nations Service Medal, and 1 Overseas Service Bar. However, it does not show the award of the Purple Heart.
4. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows the entry "SFW Buttocks 19 May 1953."
5. The United States Army Hospital General Orders Number 27 dated 5 June 1953 shows that the applicant was awarded the Purple Heart for wounds he received in action against the enemy in Korea on 19 May 1953.
6. Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 29 of his DD Form 214.
7. 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.
8. Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August
1974, inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the award of the Purple Heart.
2. Orders show that the applicant was awarded the Purple Heart for wounds he received in action against the enemy in Korea on 19 May 1953. Therefore, he is entitled to the award of the Purple Heart.
3. Evidence of record shows that the applicant is authorized the award of the Republic of Korea War Service Medal. Therefore, he is entitled to correction of his records to show this foreign award.
4. Evidence of record shows that the applicant is authorized the award of the National Defense Service Medal. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
___X___ ___X____ ___X____ 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 showing the awards of the Purple Heart, Republic of Korea War Service Medal, and the National Defense Service Medal.
_ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070015394
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