IN THE CASE OF:
BOARD DATE: 3 March 2009
DOCKET NUMBER: AR20080018143
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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.
2. The applicant states that the Department of Veterans Affairs refuses to give him Purple Heart status unless the award is shown on his DD Form 214 even though his DD Form 214 shows he was wounded in action.
3. The applicant provides, in support of his application, 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 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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows:
a. that on 9 April 1952, he enlisted in the Regular Army for 3 years;
b. that he was lightly wounded in action in the Republic of Korea on 15 July 1953, receiving a flesh wound to his right hand;
c. that his awards include the Korean Service Medal with two bronze service stars, United Nations Service Medal, Combat Infantryman Badge, and the Bronze Star Medal;
d. that on 2 November 1954, he was discharged with an under honorable conditions characterization of service and had completed 1 year, 8 months, and 3 days of creditable active duty service.
4. The Korean War Casualty List shows that the applicant was wounded on 15 July 1953 while in action in North Korea. He was hospitalized for medical treatment.
5. 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, and the medical treatment must have been made a matter of official record.
6. 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 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should show award of the Purple Heart for wounds received in action in the Republic of Korea.
2. The evidence clearly shows that the applicant sustained wounds as a result of enemy action and that these wounds received medical treatment. Therefore, he should be awarded the Purple Heart.
3. The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal. Therefore, his records should be corrected to show this award.
4. The applicant served in Korea during a qualifying period for award of the Republic of Korea War Service Medal. Therefore, his records should be corrected to show this award.
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 him the Purple Heart for wounds sustained on 15 July 1953 in the Republic of Korea; and
b. showing, in addition to the awards shown on his DD Form 214, that his awards include the Purple Heart, the National Defense 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) AR20080018143
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ABCMR Record of Proceedings (cont) AR20080018143
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