IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080015211 


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 that he was awarded the Purple Heart from wounds sustained in the Republic of Korea (ROK) and it was omitted from his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant provides a copy of a Western Union telegram and a copy of his DD Form 214.

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 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 applicant’s 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's DD Form 214 shows that he served in the Regular Army from 26 January 1949 through 17 June 1952.  He attained the grade of corporal/E-4.  His specific dates of assignment in the ROK are unavailable.  However, his DD Form 214 shows that he received the Korean Service Medal with 3 bronze service stars and that he served 2 years and 26 days of foreign service.

4.  There are no general orders in the applicant’s available record to show he was awarded the Purple Heart.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 states "NA."  The applicant authenticated the DD Form 214 with his signature.

5.  The applicant's name is listed as Number 8028 on the Korean Casualty File.  It also shows that he was wounded on 1 November 1950, that he received medical treatment at an evacuation hospital, and was returned to duty in the ROK on or about 10 November 1950.

6.  Hospital admission cards maintained by the Department of the Army Office of the Surgeon General show the applicant was admitted for treatment of wounds sustained in combat from unspecified explosive projectile shells on 2 November 1950.

7.  The applicant provided a copy of a Western Union telegram addressed to the applicant's parents notifying them that the he had been slightly wounded in action on 1 November 1950.

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 military medical personnel, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

9.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 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:

	a.  while on permanent assignment,

	b.  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 

	c.  while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal (NDSM) 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.  There are no general orders that show the applicant was awarded the Purple Heart.  However, his wounds were substantiated through a Western Union telegram to his parents, hospital admission cards maintained by the Office of the Surgeon General, and the Korean Casualty File which show he was wounded on 1 November 1950.  Therefore, he is entitled to award of the Purple Heart and to have this award shown on his DD Form 214.

2.  The applicant had a qualifying period of service in the ROK and is entitled to award of the ROKWSM and to correction of his records to show this award.

3.  Records show the applicant's period of service was served honorably during the period 26 January 1949 through 17 June 1952.  Therefore, the applicant is entitled to the NDSM.


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: 

	a.  awarding the Purple Heart for wounds sustained in the ROK on
1 November 1950 and correcting the record to show this award,

	b.  awarding the ROKWSM and correcting his record to show this award, and

	c.  awarding the NDSM and correcting his record to show this award.



      _________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)                                         AR20080015211



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ABCMR Record of Proceedings (cont)                                         AR20080015211



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