IN THE CASE OF:
BOARD DATE: 20 May 2008
DOCKET NUMBER: AR20080005824
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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show his award of the Purple Heart.
2. The applicant states, in effect, that he was wounded in action on
18 October 1951 and was hospitalized. While in the hospital, he was awarded the Purple Heart but it was not recorded on his DD Form 214.
3. The applicant provides copies of his DD Form 214, an extract of the Korean War Casualty List, and photographs of him in uniform wearing the Purple Heart during his recovery at the hospital.
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 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. On 8 December 1950, the applicant was inducted into the Army of the United States. He completed his initial training and was subsequently assigned to Company F, 21st Infantry Regiment, 24th Infantry Division, in the Republic of Korea.
4. The Korean War Casualty List shows that the applicant was wounded in action while in North Korea on 18 October 1951 and that he was subsequently returned to duty.
5. The applicant's DD Form 214, shows in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with three bronze service stars, Army Occupation Medal with Japan Clasp, United Nations Service Medal, and the Combat Infantryman Badge. It does not show award of the Purple Heart.
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, and the medical treatment must have been made a matter of official record.
7. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
8. 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.
9. 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 applicants contention that he was wounded in action and awarded the Purple Heart for those wounds is clearly supported by the available evidence. Therefore, his records should be corrected to show this award.
2. The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal. Therefore, his records should be corrected to show this award.
3. The applicant served during a qualifying period for award of the Republic of Korea War Service Medal. Therefore, his records should be corrected 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 that in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, National Defense Service Medal, 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) AR20080005824
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