IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080008242
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 that he be awarded the Purple Heart.
2. The applicant states he never received the Purple Heart for shrapnel wounds to his back and head at Sowon, Korea on 29 January 1951.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 reconstructed personnel records consisting primarily of the applicant's DD Form 214.
3. The DD Form 214 shows the following:
a. the applicant entered active duty on 9 August 1950 and was honorably released from active duty on 8 August 1953;
b. his awards are listed as the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Army Occupation Medal with Germany clasp, and the Combat Infantryman Badge;
c. his most significant duty assignment was C Company, 35th Infantry Regiment in Korea; and
d. he received shrapnel wounds, as a result of enemy action, to the back of his back and head at Sowon, Korea, on 29 January 1951.
4. In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files", was made. These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). This information is a valuable substitute for the records lost in the NPRC fire of 1973. A search of these files found that the applicant received wounds as a result of enemy action on 29 January 1951.
5. 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.
6. 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. The applicant's DD Form 214 specifically states that he received wounds as a result of enemy action on 29 January 1951.
2. The SGO report supports a finding that he received the combat wounds that required treatment by a medical officer and the medical treatment was a matter of official record.
3. Therefore, it is appropriate to correct the applicant's records by awarding him the Purple Heart for wounds received on 29 January 1951.
4. In addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Republic of Korea War Service Medal.
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 29 January 1951 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) AR20080008242
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008242
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003091786C070212
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. Therefore, the evidence presented was sufficient to excuse failure to timely file and to warrant a recommendation for relief by awarding the applicant the Purple Heart for wounds received on 10 January 1951. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2005 | 20050004204C070206
The applicant’s military records are not available to the Board for review. 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. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.
ARMY | BCMR | CY2003 | 2003090944C070212
Although the record indicates that the applicant had over three years of overseas service, there are no documents to verify the applicant’s statement that he served in Korea during the period that award of the Army Occupation Medal was authorized. Without the source documents to show what unit the applicant served with and for what period, there is insufficient evidence to correct the applicant’s records to show he was authorized more than the three bronze service stars for wear on his...
ARMY | BCMR | CY2008 | 20080013663
The applicant requests award of the Purple Heart for a wound sustained in Korea. The applicant provides copies of a morning report; three hospital admission card printouts [commonly called SGO files]; a radiology report, dated 19 June 2008; a photograph that [he states] was taken in Japan; a 1 September 1951 Public Information Office, 1st Cavalry Division news release, stating the applicant had been promoted to sergeant; an extract of information about the Purple Heart from Army Regulation...
ARMY | BCMR | CY2012 | 20120001370
The applicant requests that his records be corrected by show entitlement to the Purple Heart and Combat Infantryman Badge. 1 year, 11 months, and 10 days of creditable active duty service from 13 February 1952 through 1 February 1954; c. 1 year, 10 months, and 4 days of foreign service; d. award of the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal; e. his most significant duty assignment was with the Heavy Mortar...
ARMY | BCMR | CY2004 | 2004106042C070208
Item 29 (Wounds Received as a Result of Action With Enemy Forces), of the FSM's DD Form 214, shows the entry, "None." 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. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was awarded the National Defense Service Medal and...
ARMY | BCMR | CY2011 | 20110015585
The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...
ARMY | BCMR | CY2009 | 20090013946
Therefore, his records should be corrected to show this award. Therefore, his records should be corrected to show this award. 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 received in action in Korea on 26 August 1951; and b. adding to item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, United Nations Service Medal, Republic of Korea Presidential...
ARMY | BCMR | CY2009 | 20090004169
The applicant's DD From 214 shows he was awarded the Korean Service Medal with 5 bronze service stars. Based on the above information and finds, it is appropriate to correct the applicant's DD Form 214 to show his awards as: the Purple Heart, the Army of Occupation Medal (Japan), the National Defense Service Medal, the Korean Service Medal with 1 silver service star, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Combat Infantryman Badge. As a result,...
ARMY | BCMR | CY2012 | 20120019720
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and Combat Infantryman Badge. A Standard Form 88 (Report of Medical Examination), dated 26 December 1952, states the applicant had been hospitalized in Japan and Camp Cooke for a missile wound to his right hand that required some skin graft from his right thigh. Substantiating evidence must be provided to verify that the wound was the...