IN THE CASE OF:
BOARD DATE: 23 JULY 2009
DOCKET NUMBER: AR20090003106
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 his record be corrected to show award of the Bronze Star Medal (BSM) and the Purple Heart.
2. The applicant states that the BSM and the Purple Heart were left off of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides a copy his DD Form 214; General Orders Number 2, dated 16 February 1953, awarding him the Purple Heart; a DA Form 638 (Recommendation for Award - Meritorious Achievement or Service), and a Proposed Citation for the BSM in support of this 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 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 Board noted the applicant's recommendation for award of the BSM and proposed citation. There is no evidence that he was awarded the BSM. The applicant has not exhausted the administrative remedy available to him under the provisions of Title 10, U.S. Code, section 1130. He has been notified by separate correspondence regarding submission of a recommendation for award of the BSM. As a result, the BSM will not be discussed any further in these Proceedings.
3. The applicants military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants 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.
4. The available evidence shows the applicant was inducted into the Army of the United States on 9 January 1952.
5. General Orders Number 2, 58th Field Artillery Battalion, dated 16 February 1953, awarded the applicant the Purple Heart for wounds received in action on 8 February 1953 while assigned to the Republic of Korea.
6. The applicant's available record contains a copy of a report from the Office of the Surgeon General which shows that on 11 February 1953 the applicant was treated for a laceration he received to his ear from a missile.
7. On 20 November 1953, the applicant was honorably released from active duty after completing a total of 1 year, 9 months, and 28 days of active military service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he received the Korean Service Medal with two bronze service stars and the United Nations Service Medal.
8. Army Regulation 600-8-22 (Military Awards) 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.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to correction of his record to show award of the Purple Heart has been carefully considered.
2. General Orders Number 2, dated 18 February 1953, awarded the applicant the Purple Heart. Therefore, his record should be corrected to show this award.
3. The 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. The 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.
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 be corrected by adding the Purple Heart, the National Defense Service Medal, 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) AR20090003106
3
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