IN THE CASE OF:	  

	BOARD DATE:	  10 June 2008

	DOCKET NUMBER:  AR20080002719 


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, in effect, award of the Purple Heart for wounds received during the Korean War.

2.  The applicant states that he wants his service records to reflect the award of the Purple Heart.  He is filing a claim with the Department of Veterans Affairs (VA) and wants this correction to support his claim for service connected compensation. 

3.  The applicant provides copies of his Certification of Military Service (NA Form 13038), Western Union Telegrams, and newspaper articles. 

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 member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant’s Report of Separation from the Armed Forces of the United States (DD Form 214) is not available for review.  However, NA Form 13038 shows that he enlisted in the Regular Army on 7 October 1949 and served until his honorable discharge on 10 June 1953.  

4.  The United States Army Surgeon General’s Office Hospitalization (SGO) File Listing for 1950-1953, shows that the applicant was assigned to the 5th Cavalry Regiment in the Korean Theater of Operations when he was wounded in action on 1 March 1951.  

5.  One of the newspaper articles provided by the applicant, dated 26 April 1951, states that he was awarded the Purple Heart for wounds received on 1 March 1951.

6.  Army Regulation 600-8-22 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 medical personnel, and the medical treatment must have been made a matter of official record.

7.  Army Regulation 600-8-22, as amended, 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.
 
8.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal 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 United Nations Service Medal.


9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the date the applicant was wounded in action, he participated at a minimum in the First United Nations Counteroffensive Campaign that extended from 25 January 1951 – 
21 April 1951.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant was wounded in action and received medical treatment.  Therefore he is entitled to award of the Purple Heart.

2.  Records show that the applicant served a qualifying period of service for award of the National Defense Service Medal, United Nations Service Medal, Korean Service Medal with one bronze service star, and the Republic of Korea War Service Medal.  Therefore, he should be provided a Memorandum or other suitable document showing that he received these awards.









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:

      a.  awarding him the Purple Heart for wounds sustained in action against a hostile force on 1 March 1950; and
      
      b.  showing in a memorandum or other suitable document that his awards include the Purple Heart, National Defense Service Medal, United Nations Service Medal, Korean Service Medal with one bronze service star, and the Republic of Korea War 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080002719



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