RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2008
DOCKET NUMBER: AR20070017058
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, he was wounded on 26 July 1953 during the Korean War.
3. The applicant provided no documents in support of this application.
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 record shows that he was inducted into the Army of the United States on 18 May 1949. He completed basic combat training and advanced individual training and was assigned to the medical field. The highest rank he attained while serving on active duty was Corporal (E-4).
3. On 11 December 1953, the applicant was honorably discharged from active duty. He completed a total of 1 year, 9 months, and 3 days of active military service. The DD Form 214 he was issued shows that he earned the United Nations Service Medal and the Korean Service Medal with two bronze service stars and the United Nations Service Medal.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record. This regulation also states that there are no time limitations on requests for award of the Purple Heart.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicants DD Form 214 shows SWA RT & LF Sides of head, top of head CARTY or mortar.
7. The Korean War Casualty File from 13 February 1950 to 31 December 1953 shows that the applicant was wounded in action by a missile and hospitalized on 26 July 1953 in the Pacific Theater of Operations (Korea).
8. A review of the applicants records indicate entitlement to additional awards and decorations not shown on this DD Form 214.
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
ROK-KWSM. To qualify for award of the ROK-KWSM, 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. The applicant contends that he is entitled to correction of his records to show award of the Purple Heart. The Korean War Casualty File shows the applicant was seriously wounded in action in Korea on 26 July 1953. Therefore, his records should be corrected to show this award.
2. Records show the applicant served a qualifying period of service for award of the ROK-KWSM. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
__JTM __ __CAD__ __QAS__ 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 awarding the applicant the Purple Heart for wounds received in action in Korea on 26 July 1953, and by awarding the applicant the Republic of Korea - Korean War Service Medal.
___John T. Meixell __
CHAIRPERSON
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