IN THE CASE OF:	  

		BOARD DATE:	       10 FEBRUARY 2009

		DOCKET NUMBER:  AR20080015670 


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 he be awarded the Purple Heart for injuries sustained in combat in Korea on 18 May 1951 and that his report of separation (DD Form 214, Report of Separation from the Armed forces of the United States) be corrected to show in block 4 that he served in the Infantry, in block 27 that his unit was awarded three Presidential Unit Citations, that he completed Ranger Training from August through October 1950, and that his most significant unit in block 28 be changed to reflect the 1st Airborne Ranger Company.

2.  The applicant states that he was never awarded the Purple Heart for wounds he received on 18 May 1951 on Hill 710 near Kumolgol, Korea, while serving with the 1st Airborne Ranger Company.  He goes on to state that he has been awarded a 40 percent service-connected disability rating by the Department of Veterans Affairs who referred to his military records in deciding his claim and those records substantiated his injury.  He continues by stating that his unit, the 1st Airborne Ranger Company, was awarded three Presidential Unit Citations while he was assigned to the unit.  He also states that he served as an infantryman with that unit in combat and that he completed Ranger training that should be reflected on his DD Form 214 as well as his most significant unit of assignment (1st Airborne Ranger Company) because he was only assigned to the 82nd Airborne for about a week and was discharged from that unit under a mass exit program that did not provide him sufficient time to review his records.  He also states that he trusted the Army to keep his records straight.

3.  The applicant provides 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 enlisted in the Regular Army in Cincinnati, Ohio, on 31 August 1948.  His records show that he attended the basic airborne course at Fort Benning, Georgia, from 10 February 1949 to 3 April 1949 and that he was advanced to the permanent grade of private first class on 10 August 1950.

4.  He served 1 year, 8 months, and 17 days of foreign and/or sea service and was promoted to the temporary rank of sergeant on 19 June 1951.

5.  On 15 May 1952, he was honorably discharged at Fort Bragg, North Carolina, due to the expiration of his term of service.  His DD Form 214 issued at the time of his discharge reflects in block 4 that his branch was artillery; that his specialty number in block 5 was 73044 (parachutist qualified artillery cannoneer); and that he was awarded the Combat Infantryman Badge (CIB), the Korea Service Medal with three bronze service stars, the Army Occupation Medal with Japan clasp, and the parachutist and glider badges.  In block 26 under most significant duty assignment is the entry "B Btry, 319th Abn FA Bn, 82nd Airborne Division."  In block 29 under wounds received as a result of action with enemy forces is the entry "None."

6.  A review of the available records fails to show evidence that the applicant attended Ranger training, that he was awarded an infantry specialty, or that he was assigned to the 1st Airborne Ranger Company.
7.  A review of the Korean casualty listing fails to reveal that the applicant was reported as a casualty.

8.  On 28 January 2008, the National Personnel Records Center authorized the issuance of medal sets to the applicant for awards of the Good Conduct Medal, the Army of Occupation Medal with Japan clasp, the Korean Service Medal with three bronze service stars, the CIB, the United Nations Service Medal, the Glider Badge and the Parachutist Badge.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's contentions are not in doubt, there is insufficient evidence in the available records to show that he served as an infantryman with the 1st Airborne Ranger Company in Korea, that he attended Ranger training and that he was wounded in action in Korea on 18 May 1951.

2.  Unfortunately, the absence of his records due to the 1973 fire at the NPRC and the passage of time (56+ years) make it difficult at best to determine exactly what occurred during his service.

3.  Therefore, in the absence of sufficient evidence to establish his claims, there appears to be no basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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 the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20080015670



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ABCMR Record of Proceedings (cont)                                         AR20080015670



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