RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080002182 


	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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his character of service was honorable instead of under honorable conditions (a general discharge).  He also requests award of the Purple Heart.

2.  The applicant states that there is no reason for his discharge to be less than honorable.  He contends that while he was on the front lines carrying a wounded Soldier in a litter, he was shot down by a round of artillery or mortar.  He states a front line aidman removed shrapnel from the back of his neck, bandaged his chin, and he remained on the front line.  He further states that on another occasion he injured his right leg when a jeep he was riding in was hit by shrapnel and turned over. 

3.  The applicant provides a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 7 January 2008; a personal account, dated 9 January 2008; and a copy of his DD Form 214. 

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 was inducted on 30 April 1951.  He served as an infantryman in Korea and was honorably released from active duty on 29 January 1953.

4.  The applicant’s DD Form 214 shows that his character of service was honorable.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.  

5.  The applicant's DD Form 214 shows the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, and the United Nations Service Medal as authorized awards.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, "NONE.”

6.  There is no evidence in the available record which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.

7.  The applicant’s name does not appear on the Korean War Casualty Roster.

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

9.  Army Regulation 600-8-22 provides, in pertinent part, 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 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.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Korea.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.  

2.  The applicant served a period of qualifying service for award of the National Defense Service Medal and the ROKWSM.

3.  Evidence shows that the applicant’s records contain administrative errors which do 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

XX____  __XX____  __XX____  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add the National Defense Service Medal and the ROKWSM to his DD Form 214.



           ___ XXX _______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002182


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508