IN THE CASE OF:	  

		BOARD DATE:	        31 MARCH 2009

		DOCKET NUMBER:  AR20090001022 


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 records to show award of the Purple Heart.

2.  The applicant states that the Purple Heart is not listed on his discharge document.  He alleges that he received shrapnel wounds on 12 October 1952 in Korea and spent 3 months in the hospital in Japan.  He states he has received compensation from the Veterans Administration (VA) since 1954 for those wounds.  He was transferred from active duty to the Reserve and his Reserve unit presented him the Purple Heart without any paperwork.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a letter, dated 2 December 1954, from the VA 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.  The applicant was inducted into the Army on 3 April 1952.  He served in Korea and completed 11 months and 11 days of foreign service.

4.  He was honorably released from active duty on 2 January 1954.  His DD Form 214 shows he was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, the National Defense Service Medal, and one Overseas Service Bar.

5.  The applicant's DD Form 214 shows the entry "NA" in item 29 (Wounds Received as a Result of Action with Enemy Forces).

6.  The applicant's name is listed on the Korean War Casualty Roster.  The roster indicates he was wounded on 30 October 1952 in North Korea.

7.  The applicant provided a letter, dated 2 December 1954, from the VA Regional Office, Cincinnati, OH, which indicated he was awarded compensation for residual of shell fragment wounds to his right hand (20 percent) and right buttocks (20 percent).  The letter also indicated the applicant had scars to his right thigh, left arm, and left shoulder, which were considered service incurred but not disabling to a compensable degree (zero percent).

8.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) 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.  Effective 1 January 2006, the U.S. Army was authorized to award the ROK-KWSM to eligible U.S. Army veterans or their next of kin.  To qualify for award of the ROK-KWSM, 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 contends that he received shrapnel wounds on 12 October 1952 in Korea and spent 3 months in the hospital in Japan.  He also contends that his Reserve unit presented him the award of the Purple Heart without any paperwork.

2.  There are no orders which authorize award of the Purple Heart to the applicant.  However, his name is listed on the Korean Casualty Roster which shows he was wounded in action on 30 October 1952 in North Korea.

3.  In 1954, the VA granted the applicant compensation for residual of shell fragment wounds to his right hand (20 percent) and right buttocks (20 percent).

4.  The letter from VA provided by the applicant and the entry on the Korean Casualty Roster are accepted as sufficient evidence as a basis to correct his DD Form 214 to show award of the Purple Heart.  In addition, his DD Form 214 should be amended to show he was wounded on 30 October 1952.

5.  The applicant completed a period of honorable service from 3 April 1952 through 2 January 1954 and served in Korea during this period.  Therefore, he met the eligibility criteria for award of the ROK-KWSM.

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 received in action on 30 October 1952;

	b.  adding the Purple Heart and the ROK-KWSM to his DD Form 214; and
	c.  amending item 29 of his DD Form 214 to show the entry "Korea, 30 October 1952."



      _________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)                                         AR20090001022



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ABCMR Record of Proceedings (cont)                                         AR20090001022



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