IN THE CASE OF:	  

		BOARD DATE:	  	   31 March 2009

		DOCKET NUMBER:  AR20080016809 


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, in effect, that the Purple Heart be added to his DD Form 214 (Report of Separation or Discharge from the Armed Forces of the United States).

2.  The applicant states, in effect, that he was awarded the Purple Heart on
18 May 2000, for wounds he received in action on 30 January 1951. 

3.  The applicant provided a copy of his DD Form 214 and a copy of the Purple Heart Certificate 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 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 are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 

3.  The applicant's available records show he was ordered to active duty from the Enlisted Reserve Corps (ERC) on 1 October 1950 for 21 months in military occupational specialty (MOS) 4745 (light weapons infantryman).  The highest grade he attained during his period of active duty was Corporal (CPL)/pay grade E-4.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the Combat Infantryman Badge and the Korean Service Medal with three bronze service stars.  However, it does not show award of the Purple Heart.

5.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows he was assigned to Company L, 25th Infantry Regiment, in the Republic of Korea. 

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "30 JAN 51  LEFT ARM."

7.  On 4 September 1951, the applicant was honorably released from active duty after completing 11 months and 4 days of active service this period for a total of 
2 years, 8 months, and 29 days of active military service.  Item 26 (Foreign and/or Sea Service) shows that he served 9 months and 11 days of overseas service.

8.  Review of the Korean War Casualty File shows that the applicant was “seriously wounded in action” on 30 January 1951.  

9.  The U.S. Army Surgeon General's Office Hospitalization File Listing for the 1950-1953 (Korea) and the Office of The Surgeon General Hospital Admission Cards shows the applicant received a battle wound to the wrist on 30 January 1951.

10.  The applicant submitted a copy of a Purple Heart Certificate for wounds received in action on 30 January 1951.  This certificate is signed by The Adjutant General, dated 18 May 2000.

11.  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.

12.  A review of the applicant’s records indicates entitlement to additional awards and decorations not shown on this DD Form 214.  

13.  Army Regulation 600-8-22 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.

14.  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:

	(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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award the Purple Heart was carefully reviewed and found to have merit.  The applicant was wounded in action on 30 January 1951 as evidenced by the Korean War 
Casualty File, the Office of the Surgeon General's Hospitalization File Listing and Hospital Admission Cards, and the Purple Heart Certificate issued by The Adjutant General on 18 May 2000.  Therefore, his records should be corrected to show award of the Purple Heart.

2.  Evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award and have it added to his DD Form 214.

4.  Evidence of record shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal.  Therefore, he is entitled correction of his records to show this award and to have it added to his DD Form 214.

5.  The applicant is entitled to award of the United Nations Service Medal based on award of the Korean Service Medal.  Therefore, he is entitled correction of his records to show this award and to have it added to his DD Form 214.

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 to item 27 of his DD Form 214 the Purple Heart for wounds received as a result of hostile action on 30 January 1951, National Defense Service Medal, Republic of Korea War Service Medal, and the United Nations Service Medal based on award of the Korean 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)                                         AR20080016809



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ABCMR Record of Proceedings (cont)                                         AR20080016809


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