IN THE CASE OF:	  

		BOARD DATE:	       10 March 2009

		DOCKET NUMBER:  AR20080019883 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show a second award of the Purple Heart.

2.  The applicant states that he was wounded on two separate occasions, but his DD Form 214 shows only one award of the Purple Heart.  

3.  The applicant provides a copy of DD Form 214, dated 12 May 1955, 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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  With prior enlisted service, the applicant's DD Form 214 shows he reenlisted in the Regular Army for a period of 6 years at Fort Eustis, VA, on 12 July 1950.  This form also shows that at the time of his separation, the applicant held military occupational specialty (MOS) 1065 (Boatswain) and that he was assigned to the 81st Transportation Company (Boat).   

4.  The applicant’s DD Form 214 further shows that he completed 4 years, 9 months, and 1 day of creditable military service during this period of reenlistment, 3 years, 4 months, and 27 days of days of which was foreign service.  He was honorably discharged in the rank/grade of corporal (CPL) on 12 May 1955. 

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal with three bronze service stars, the Combat Infantryman Badge, the Good Conduct Medal, and the Purple Heart.  Item 27 does not show a second award of the Purple Heart.

6.  Item 29 (Wounds Received As a Result of Action With Enemy Forces) of the applicant’s DD Form 214 shows the applicant was wounded by a shell fragment to his left arm on 2 November 1950 and a gunshot wound to his right wrist on 25 June 1951 in Korea.

7.  The applicant’s name is shown on the Korean Casualty File as wounded in action on 2 November 1950 and on 25 June 1951 in Korea and in both instances, he was treated and returned to duty.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

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

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Republic of Korea War Service Medal.  This award was issued by the Government of the Republic of Korea to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows the applicant was wounded by a shell fragment to his left arm on 2 November 1950 and a gunshot wound to his right wrist on 25 June 1951 in Korea.  Additionally, the applicant’s name is shown on the Korean Casualty File as being wounded in action on 2 November 1950 and 25 June 1951.  Therefore, there is sufficient evidence to show the applicant is entitled to two awards of the Purple Heart and correction of his records to show the second award.

2.  The evidence of record shows the applicant completed 4 years, 9 months, and 1 day of creditable military service during this period of reenlistment, and that 3 years, 4 months, and 27 days were foreign service.  The applicant's injuries on 2 November 1950 and 25 June 1951 and his participation in three campaigns in Korea suggest that he completed his foreign service in Korea.  Therefore, there is sufficient evidence that shows he served a qualifying period for award of Republic of Korea War Service Medal and he is entitled to correction of his records 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 the applicant a second award of the Purple Heart for wounds received in action on 25 June 1951 and the Republic of Korea War Service Medal;

	b.  deleting award of the Purple Heart from Item 27 of the applicant’s DD Form 214; and 

	c.  adding the Purple Heart (1st Oak Leaf Cluster) and the Republic of Korea War Service Medal to his DD Form 214.  



															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)                                         AR20080019883



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ABCMR Record of Proceedings (cont)                                         AR20080019883



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