IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2008
DOCKET NUMBER: AR20080014886
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 award of the Purple Heart.
2. The applicant states, in effect, he was wounded in Korea on Thanksgiving Day when he received shrapnel wounds and suffered hearing loss. He states he was unaware of his entitlement to the Purple Heart until he applied for Department of Veterans Affairs benefits.
3. The applicant provides a copy of his DD Form 214 (Report of Separation From The Armed Forces of The United States) and a copy of an unidentifiable newspaper clipping Korean War Vet Released by Army.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests as stated above.
2. Counsel states as stated above.
3. Counsel provides as stated above.
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 applicant was inducted into the Army of the United States and served on active duty from 3 January 1951 through 2 October 1952. He served a total of 11 months and 21 days in the Far East, presumably in Korea. At the time of discharge, he was awarded the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.
4. On 7 July 1999, the National Personnel Records Center, St. Louis, MO awarded the applicant the Good Conduct Medal and the National Defense Service Medal.
5. The applicants DD Form 214, in Item 29 (Wounds Received as a result of Action with Enemy Forces), contains the word None. The applicant signed his DD Form 214 in Item 48, acknowledging that it was true and correct.
6. The applicants name does not appear on the Korean War Casualty Files list of killed and wounded during the Korean War.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Purple Heart.
2. The applicants military records are not available to the Board for review, thus there is no way to determine whether he ever was issued orders awarding the Purple Heart.
3. The applicants DD Form 214 shows that he was never wounded as a result of action with enemy forces. His name does not appear on the Korean War Casualty File as having been wounded.
4. The applicant does provide an undated and otherwise unidentifiable news clipping which states he served 11 months in Korea, where he was wounded. Unfortunately, this clipping alone is insufficient evidence upon which to award the Purple Heart.
5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _XXX _______ ___
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) AR20080014886
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014886
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019902
This data also shows he was evacuated to Japan in August 1950, where he received medical treatment before returning to his unit in Korea in September 1950. The applicant requests award of the Purple Heart and entry of that award on his DD Form 214. 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 on 22 July 1950; and b. amending his DD Form 214 for the period...
ARMY | BCMR | CY2004 | 20040002865C070208
The applicant requests that his records be corrected to note that he was twice wounded in action during the Korean War. The applicant states that he was wounded in action in Korea on 3 September 1951 and again on 8 October 1951, but only the 8 October 1951 wounding is annotated in the records. 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...
ARMY | BCMR | CY2009 | 20090004533
The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a separation date of 24 October 1953, an undated newspaper clipping, and a letter from the mayor of New York City dated 21 October 1953. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2003 | 2003087928C070212
The DD Form 214 issued the applicant further shows that he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, the Army of Occupation Medal with Japan Clasp, and the Combat Infantryman Badge. 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. There is no official evidence upon which to base addition...
ARMY | BCMR | CY2010 | 20100026819
The applicant's military records are not available to the Board for review. The evidence of record confirms the applicant was wounded in action on 18 September 1950; therefore, he is entitled to award of the Purple Heart and correction of his records 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 on 18 September 1950; and b. adding to...
ARMY | BCMR | CY2006 | 20060006244C070205
The applicant requests that he be awarded the Purple Heart for being injured in combat in Korea and also the Combat Infantryman Badge as a member of an Infantry unit. The Official Casualty Listing obtained by the Army Board for Correction of Military Records also shows he was assigned to an Infantry unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart and the...
ARMY | BCMR | CY2008 | 20080006522
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Korea. The applicant states that the letter from the National Personnel Records Center (NPRC), dated 13 February 2006, proves that his records should be corrected to show award of the Purple Heart.
ARMY | BCMR | CY2005 | 20050003851C070206
The applicant submitted a letter from the Military Awards Branch, dated 7 May 2003, which stated that the Army's Awards and Decorations Program verified that the FSM is entitled to the Korean Service Medal with four bronze service stars, the National Defense Service Medal, the United Nations Service Medal, the Good Conduct Medal, the Prisoner of War Medal, the Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal. The applicant submitted a letter, dated...
ARMY | BCMR | CY2007 | 20070002318
The applicant requested correction of his records to show award of the Bronze Star Medal. The applicant DD Form 214, dated 13 August 1952, shows the applicant was wounded on 29 November 1950, while serving in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart, 1st Oak Leaf Cluster, for wounds received on 29 November 1950; the Republic of Korea-Korean War Service Medal; and...
ARMY | BCMR | CY2005 | 20050003095C070206
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 to show that he was awarded the Purple Heart, the National...