IN THE CASE OF:
BOARD DATE: 2 JUNE 2009
DOCKET NUMBER: AR20090003277
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 he be issued a Purple Heart Certificate.
2. The applicant states, in effect, that the Board issued him a Purple Heart Medal; however, he has never received a Purple Heart Certificate or any documentation to prove he is authorized the award. Accordingly, he is not eligible to apply for membership in the Purple Heart Association.
3. The applicant provides no additional documents with 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 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 applicants 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 applicants 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 enlisted in the Regular Army (RA) in Charleston, West Virginia on 3 August 1948 for a period of 3 years. He completed his training as an airborne qualified heavy weapons infantryman (71812) and was assigned to the 187th Parachute Infantry Regiment at Fort Campbell, Kentucky.
4. He was deployed to Japan with his unit, which had been redesignated as the 187th Regiment Combat Team and was subsequently deployed to Korea. He was wounded on 27 March 1951, while serving in the rank of corporal (CPL).
5. After serving 10 months and 5 days of foreign service, he was returned to Fort Campbell for assignment to Company D, 503rd Airborne Regiment. He was promoted to the rank of sergeant (SGT) on 2 May 1952 and on 9 May 1952, he was honorably discharged due to the expiration of his term of service (ETS). He had served 3 years, 9 months, and 10 days of total active service and his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he was awarded the Purple Heart on 27 March 1951 by General Orders Number 10, issued by Headquarters, 187th Airborne Infantry Regiment.
6. On 11 May 2001, the applicant submitted an application to the Board requesting that he be awarded the Purple Heart because he had never been awarded one. The staff of the Board determined that his award of the Purple Heart was already reflected on his DD Form 214 and took steps to authorize the issuance of the medal set to the applicant. No further action was taken to issue him a Purple Heart Certificate.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that he be issued a Purple Heart Certificate because he never received any documentation to show that he was authorized the award.
2. While the DD Form 214 serves as an official document to show that the applicant is authorized the award of the Purple Heart, he is also entitled to receive a corresponding Purple Heart Certificate.
3. Accordingly, it would be in the interest of justice at this time to issue him a Purple Heart Certificate for wounds received in action in Korea on 27 March 1951, while serving in the rank of CPL.
BOARD VOTE:
___X_____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 issuing him a Purple Heart Certificate showing that he was awarded the Purple Heart for wounds received in action against the enemy in Korea on 27 March 1951, while serving in the rank of CPL.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20090003277
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003277
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070000543
The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart, Combat Infantryman Badge and the Prisoner of War Medal. On 17 July 2006, the Chief, Military Awards Branch, United States Army Human Resources Command, Alexandria, Virginia, determined that the applicant was entitled to award of the Purple Heart, Combat Infantryman Badge, Prisoner of War Medal, Korean Service Medal with one bronze service...
ARMY | BCMR | CY2008 | 20080012407
The DD Form 215 was issued based on the applicants application for correction of military records, dated 28 March 1960. This document shows that the Chief, Army Reference Branch, Military Personnel Records, National Personnel Records Center, St. Louis, Missouri, verified the applicants awards and authorized issuance of the Purple Heart with 1 Oak Leaf Cluster, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal with 1 silver service star and 1...
ARMY | BCMR | CY2003 | 2003089103C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 31 January 1966 and 31 December 1968 (whichever is appropriate) be corrected to show all of the awards and decorations that he is authorized for service in the Republic of Vietnam. The applicant's WD AGO Form 24A (Service Record) and DA Forms...
ARMY | BCMR | CY2008 | 20080008670
The applicant's military records are not available for review. He continues that the captain told him he would put him in for the Purple Heart for the wound he received. There is no evidence in his available reconstructed records which shows he was wounded as a result of hostile action or treated for such wounds.
ARMY | BCMR | CY2005 | 20050001372C070206
The applicant requests that his records be corrected to show that he participated in a combat assault jump on 20 October 1950 and that he was injured during the jump. The applicant’s military records are not available to the Board for review. Although the morning report, dated 20 October 1950, provided by the applicant shows a parachute jump was made by Company A, 127th Airborne Engineer Battalion that day, there is no evidence to show the Department of the Army awarded assault landing...
ARMY | BCMR | CY2005 | 20050001372C070206
Paragraph 7-25 of Army Regulation 600-8-22 states, in pertinent part, that assault landing credit (award of the bronze arrowhead) may be made to units of the Army who, in the combat zone of a battle, campaign, or expedition as established by Joint Chiefs of Staff or the Department of the Army, accomplishes one of the following types of assault operations: (1) makes a parachute jump into enemy-held territory as a part of an organized force carrying out an assigned tactical mission; (2)...
ARMY | BCMR | CY2004 | 040008887C070208
Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. Because the evidence does confirm that the applicant did serve overseas and that he was awarded the Korean Service Medal he is also entitled to the United Nations Service Medal. The applicant is reminded that before the Korean War Service Medal can be added to his Army separation...
ARMY | BCMR | CY2003 | 2003088793C070403
The pamphlet indicates that the unit to which the FSM was assigned, Engineer Company, 187th Airborne Regimental Combat Team, did not receive combat assault participation credit for the airborne combat parachute jump at Munsan-ni, Korea, on 23 March 1951. The available service personnel record shows that the FSM is entitled to award of the Korean Service Medal, but does not show campaign credit for the periods the applicant served in Korea. Once the Korean War Service Medal has been...
ARMY | BCMR | CY2011 | 20110005279
Application for correction of military records (with supporting documents provided, if any). He was ordered to active duty from the Army National Guard on 16 January 1951. Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.
ARMY | BCMR | CY2001 | 2001055304C070420
The evidence of record clearly shows that the applicant was wounded in action on 21 October 1950 and is therefore entitled to receive the Purple Heart and to have it reflected on his DD Form 214. Furthermore, at the time he was wounded, his record shows that he was a corporal, heavy weapons infantryman MOS 4812, in combat with the 187 th Airborne RCT, an infantry unit, and as such would be entitled to award of the CIB. That all of the Department of the Army records related to this case be...