IN THE CASE OF:
BOARD DATE: 28 August 2008
DOCKET NUMBER: AR20080008722
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 (PH) and, in effect, any medals or ribbons he is entitled to for his service in combat in Korea,
2. The applicant states that a Surgeon General Office (SGO) file on him shows he was wounded in his hand by an explosive projectile shell from a gun, mortar, etc.
3. The applicant provides the SGO file and a copy of his separation documents (DD Form 214 and DA Form 493).
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 could not be located, and are presumed to have been destroyed at the fire at the records repository at St. Louis, Missouri, in 1973.
3. The applicant enlisted in the Regular Army on 1 March 1950, was promoted to corporal, and was honorably released from active duty on 28 February 1953.
4. The DD Form 214 only shows that the applicant was awarded the Korean Service Medal.
5. The SGO file submitted by the applicant shows he (as identified by his Service Number) was wounded (laceration) in his hand by an explosive projectile shell from a gun, mortar, etc. The SGO file states the wound was a direct result of action against or by an organized enemy, and that the applicant was hospitalized for 3 days for the wound in December 1950.
6. Army Regulation 600-8-22 provides that the PH is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
7. Army Regulation 600-8-22 provides for the award of the United Nations Service Medal (UNSM) to soldiers who were dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea between 27 June 1950 and 27 July 1954. This regulation also provides for the award of the National Defense Service Medal (NDSM) for members of the U.S. Armed Forces serving on active duty during the same period established for the award of the UNSM.
8. The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
9. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.
DISCUSSION AND CONCLUSIONS:
1. The SGO file confirms that the applicant was wounded as a result of enemy action, that he received medical treatment for the wound, and that treatment was made a matter of official record. As such, he is entitled to the award of the PH.
2. While the applicants records do not show how long he served in Korea, there is nothing which would suggest he didnt serve a full tour. As such, he is entitled to the UNSM, the NDSM, and the ROK-KWSM.
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 PH, the UNSM, the NDSM, and the ROK-KWSM.
_______ _ 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) AR20080008722
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ABCMR Record of Proceedings (cont) AR20080008722
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