IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080011755
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.
2. The applicant states that the Purple Heart is not included on his DD Form 214. He also states, if possible send him an identification card that shows he is a Purple Heart member of the Army of the United States.
3. The applicant provides a copy of his DD Form 214; a letter, dated 27 August 1953, from Brooke Army Hospital to the applicants mother; and a letter, dated
28 March 2008, from the Department of Veterans Affairs, in support of his application.
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 was inducted on 29 February 1952. He served in Korea from 18 January 1953 to 4 July 1953. On 30 November 1953, he was released from active duty and placed on the Temporary Disability Retired List (TDRL).
3. The applicants DD Form 214 does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, Korea 13 June 52 (sic - should reflect [19]53).
4. TAH, 8059th AU, 1052 General Order Number 57, dated 18 June 1953, shows the applicant was awarded the Purple Heart for wounds received in action near Samichon. Korea on 13 June 1953.
5. The applicant was removed from the TDRL on 31 December 1954.
6. Army Regulation 600-8-14 (Identification Cards for Members of the Uniformed Services, Their Eligible Family Members, and Other Eligible Persons) does not provide for the issuance of a military identification card solely by reason of having been awarded a Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Purple Heart. Therefore, item
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 should be corrected to show this award.
2. There is no Army provision to issue an identification card solely for the purpose of identifying a Soldier as having received a Purple Heart. Therefore, there is no basis to warrant relief on this issue.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____XX____ ____XX____ __XX______ 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 partial relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by adding the Purple Heart to item 27 on his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing the applicant an identification card showing he is a Purple Heart recipient.
_______XXXX_______________
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) AR20080011755
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ABCMR Record of Proceedings (cont) AR20080011755
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