IN THE CASE OF:	  

		BOARD DATE:	        21 August 2008

		DOCKET NUMBER:  AR20080005230 


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 award of the Purple Heart.

2.  The applicant states that he sustained a gunshot wound in 1951 during his service in Korea but never received the Purple Heart.              

3.  The applicant provides the following additional documentary evidence in support of his application:  

	a.  DD Form 214 (Report of Separation From the Armed Forces of the United States), dated 14June 1952; 

	b.  Honorable Discharge Certificate, dated 14 June 1952; and

	c.  Department of Veterans Affairs (DVA) Rating Decision, dated 4 December 2007. 

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's DD Form 214 shows that he entered active duty in Camden, New Jersey, on 23 November 1948, in the rank/grade of private (PVT)/E-1 and that he was trained in military occupational specialty (MOS) 4745 (Light Weapons Infantryman).  This form also shows he served with Company C, 278th Infantry, Fort Devens, Massachusetts. 

4.  The applicant’s DD Form 214 further shows that he completed 3 years, 6 months, and 22 days, of creditable military service, 1 year, 11 months, and 17 days of which was foreign service.  He was honorably separated in the rank/grade of corporal (CPL) (Temporary) and transferred to the U.S. Army Reserve Control Group on 14 June 1952. 

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Good Conduct Medal, the Korean Service Medal with five bronze service stars (one silver service star), the Combat Infantryman Badge, the United Nations Service Medal, and the Presidential Unit Commendation.  Item 27 does not show 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.  The applicant’s constructed records do not contain General Orders awarding him the Purple Heart.

8.  The applicant's medical records are not available for review with this case.

9.  The applicant’s name is shown on the Korean Casualty File as seriously wounded in action by a missile on 29 May 1951, in the North Korea Sector and that he was returned to duty on 15 June 1951.  

10.  The applicant submitted a copy of his DVA Rating Decision, dated 4 December 2007.  He was awarded a 10 percent disability rating for a right shoulder strain, degenerative joint disease, post gunshot wound.  The DVA rating decision also remarks that the records from the Department of the Army show the applicant sustained a perforating wound to the shoulder on 29 May 1952.  The wound had no nerve or artery involvement.  He was evacuated from the combat operation and hospitalized.  The evidence of record also includes a discharge examination, dated 11 June 1952 which was negative for any findings. 

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 further states that there is no time limit on submission of requests for award of the Purple Heart.

12.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

14.  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:  

	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’s name is shown on the Korean Casualty File as seriously wounded in action by a missile on 29 May 1951, in the North Korea Sector and that he was returned to duty on 15 June 1951.  The DVA rating decision and the applicant, however, state that he was wounded on 29 May 1951 as a result of gunshot wound to his right shoulder.  Despite the inconsistency, it appears that the applicant was indeed wounded on 29 May 1951 as a result of hostile action and was treated for his injuries.  As a result, there is sufficient evidence to show the applicant is entitled to award of the Purple Hera and correction of his records to show this award.  

2.  The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal which is not shown in his records; therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows the applicant completed 1 year, 11 months, and 17 days, of foreign service, an unspecified period of which was in Korea.  Furthermore, the applicant was awarded the Korean Service Medal and participated in five campaigns during the Korean War.  Therefore, it is very likely that the applicant served at least 30 consecutive days in Korea; a qualifying period for award of the Republic of Korea War Service Medal, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 the applicant the Purple Heart for wounds received in action on 29 May 1951 in Korea; and

	b.  showing award of the Purple Heart, the National Defense Service Medal, and the Republic of Korea War Service Medal.




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      _______ _   _______   ___
               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)                                         AR20080005230



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ABCMR Record of Proceedings (cont)                                         AR20080005230



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