IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080010877
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 the records of her deceased father, a former service member (FSM), be corrected to reflect his award of the Purple Heart.
2. The applicant states, in effect, that her fathers DD Form 214 reflects that he was wounded but does not reflect his award of the Purple Heart.
3. The applicant provides a copy of the FSMs DD Form 214 and a copy of her birth certificate and marriage license.
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 applicants 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 applicants 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 FSM enlisted in the Regular Army in Pittsburgh, Pennsylvania on 5 May 1948 for a period of 3 years. He completed his training as a light weapons infantryman and was transferred overseas to Japan as part of the occupation forces and then to Korea. He was assigned to Company F, 19th Infantry Regiment, 24th Infantry Division.
4. On 6 February 1951, he sustained a gun shot (bullet) wound to the forearm. He was subsequently evacuated to Murphy Army Hospital in Waltham, Massachusetts for orthopedic surgery and was subsequently transferred to Fort Benning, Greorgia.
5. On 14 May 1952, he was discharged under honorable conditions due to the expiration of his term of service (ETS). He had served 3 years and 9 days of active service and had 180 days of lost time. He was awarded the Korean Service Medal with three bronze service stars, the Army of Occupation Medal with Japan Clasp, the Distinguished Unit Citation (now known as the Presidential Unit Citation), and the Combat Infantryman Badge.
6. On 27 February 1978, the FSM was issued medal sets for the Purple Heart, the National Defense Service Medal (NDSM), and the United Nations Service Medal (UNSM). However, there is no evidence that those awards were ever added to his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 (Military Awards) 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:
(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 evidence of record clearly shows that the FSM was wounded in Korea on 6 February 1951, that he was evacuated for treatment, and that he was awarded the Purple Heart. Accordingly, the Purple Heart should be added to his records at this time.
2. The evidence of record also shows that the FSM was awarded the NDSM and the UNSM, which were also not added to his records. Accordingly, they should be added at this time.
3. Additionally, the FSM is also eligible for award of the ROKWSM and to have it added to his records as well.
BOARD VOTE:
____X___ ____X___ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 ROKWSM and adding it to his records along with awards of the Purple Heart, NDSM, and the UNSM.
2. The Board wants the applicant and all others to know that the sacrifices made by her late father in service to the United States during the Korean War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
________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) AR20080010877
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ABCMR Record of Proceedings (cont) AR20080010877
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