IN THE CASE OF:
BOARD DATE: 15 July 2008
DOCKET NUMBER: AR20080006971
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, that he be awarded the Purple Heart.
2. The applicant states he received fragmentation wounds all over his body on 6 October 1952, as noted on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides 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 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 were partially lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the DD Form 214 provided by the applicant.
3. The applicant entered active duty on 21 June 1951 and served in Korea with the 17th Infantry Regiment as an infantryman.
4. He was released from active duty on 25 March 1953 under the provisions of Army Regulation 615-365 for the Convenience of the Government due to a preexisting physical or medical condition. He had 1 year, 9 months, and 3 days of creditable service.
5. The DD Form 214 lists his awards as the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.
6. Block 29 (Wounds Received as a Result of Enemy Action) of the DD Form 214 shows that the applicant received fragmentation wounds "all over body" on 6 October 1952.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides for award of the Purple Heart to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22, paragraph 9-16 provides for award of the Republic of Korea War Service Medal to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. Due to the destruction of the applicant's service records in the 1973 fire there is no record of treatment of the wounds available.
2. However, the applicant's DD Form 214 specifically states that he received wounds as a result of enemy action on 6 October 1952.
3. Therefore, it is appropriate to correct the applicant's records by awarding him the Purple Heart for wounds received on 6 October 1952.
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 awarding him the Purple Heart for wounds received on 6 October 1952.
_ ___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) AR20080006971
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006971
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020351
The applicant's military service records are not available to the Board for review. Thus, based on the available evidence, it is concluded that the applicant was wounded in action in Korea on 4 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 27 of his DD Form 214 the Korean Service Medal with one bronze service star, b. awarding him the Purple Heart for wounds received in action in Korea...
ARMY | BCMR | CY2013 | 20130004810
Counsel states: * The applicant was in Korea and assigned to Company B, 6th Engineer CMB Battalion * He was wounded on or about 1 October 1952 in the mouth and face by an artillery shell explosion * He was treated in-country and he was told he would get a Purple Heart * On or about 31 October 1952, he received a wound caused by a hand grenade which blinded him in his left eye * These are two separate incidents * After treatment, he was sent back to the United States and discharged * In 2004,...
ARMY | BCMR | CY2002 | 2002074473C070403
There is no evidence in the applicant’s service personnel records that shows he was awarded the Purple Heart or was wounded as a result of hostile action. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. However, evidence of record shows the applicant participated in three campaigns during his assignment in Korea which are not...
ARMY | BCMR | CY2006 | 20060004234C070205
The applicant requests award of the Purple Heart for a wound he received in combat during the Korean War. The applicant’s military records are not available to the Board for review. Effective 1 January 2006, the U.S. Army was authorized to award the ROK-KWSM to eligible U.S. Army veterans or their next of kin.
ARMY | BCMR | CY2003 | 2002088702C070212
Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. Based on the award of the above medals, it is appropriate to correct his records to show his awards and decorations as the Purple Heart, the Korean War Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal, and the Combat Infantryman Badge....
ARMY | BCMR | CY2003 | 2003088702C070403
Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. Based on the award of the above medals, it is appropriate to correct his records to show his awards and decorations as the Purple Heart, the Korean War Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal, and the Combat Infantryman Badge....
ARMY | BCMR | CY2003 | 2003086077C070212
According to information recorded in Section 4 (Service Outside Continental United States) of the applicant's DD Form 230, Service Record, the applicant departed from Seattle, Washington, on 25 April 1952 and arrived in Inchon, Korea, on 17 May 1952. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214. a. awarding the applicant the Purple Heart for...
ARMY | BCMR | CY2006 | 20060013081
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 March 2007 DOCKET NUMBER: AR20060013081 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. The applicant requests correction of his military records to show award of the Purple Heart for wounds received in the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120001688
A DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the applicant was inducted into the Army of the United States on 1 December 1952 and he was honorably discharged on 30 January 1954 to enlist in the Regular Army (RA). There are no orders or other evidence in the applicant's military service records that show he was awarded the Purple Heart. More importantly, at that time, he indicated he had not consulted nor had he been treated by medical personnel...
ARMY | BCMR | CY2009 | 20090009813
The FSM's military service records are not available to the Board for review. 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 at the time; b. 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...