IN THE CASE OF:	  

		BOARD DATE:	  	  18 November 2008

		DOCKET NUMBER:  AR20080014119 


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 his record be corrected by adding the award of the Purple Heart.

2.  The applicant states he never received his Purple Heart for two combat injuries.

3.  The applicant provides a copy of his separation document (DD Form 214) and a letter from Butler County, Veterans Service Commission dated 25 July 2008.

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 applicant’s 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 applicant’s 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 are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's military personnel record shows he enlisted in the Army on  
2 November 1950.  He completed the necessary training and was awarded military occupational specialty (MOS) 1745 (Light Weapons Infantryman).

4.  He served continuously on active duty and until he was honorably released and transferred to the Enlisted Reserve Corps, Camp Breckinridge, Kentucky on 28 November 1951.  He completed 1 year and 27 days of net service for pay purposes.

5.  The applicant's DD Form 214, in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows the award of the Combat Infantryman Badge and Korean Service Medal with 3 bronze campaign stars.  However, it does not show the award of the Purple Heart.

6.  The U.S. Army Surgeon General Office (SGO) hospital file listing shows that the applicant was wounded as a direct result of action against or by an organized enemy and the injury was caused by a bullet due to small arms to his shoulder and thigh on 8 February 1951.

7.  A review of the Korean Casualty Files show the applicant's name listed among those wounded at "L5" South Korea Sector on 8 February 1951.

8.  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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  A review of the applicant's records indicates entitlement to additional awards that are not shown in item 27 of his DD Form 214.

10.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

11.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal 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.

12.  Army Regulation 600-8-22 as amended provides that 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 date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected by adding the award of the Purple Heart.

2.  The SGO hospital file and the Korean Casualty File show the applicant was wounded as a direct result of action against enemy forces and the injury was caused by a bullet, small arms, to his shoulder and thigh on 8 February 1951.  This is sufficient evidence to meet the criteria for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 8 February 1951 and correction of his records to show this award.

3.  The evidence shows that the applicant is authorized the awards of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his records to show these awards.  



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 adding the awards of the Purple Heart for wounds sustained in the Republic of Korea on 8 February 1951, National Defense Service Medal, United Nations Service Medal, 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)                                         AR20080014119



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ABCMR Record of Proceedings (cont)                                         AR20080014119



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