DOCKET NUMBER:  AR20090003849 


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, award of the Purple Heart (PH).   

2.  The applicant states, in effect, that he was wounded in action (WIA) in South Korea, on 2 September 1950, while serving with the 2nd Engineer Battalion, 
2nd Infantry Division.  He further states that he was medically evacuated to the United States and ultimately discharged as a result of his wounding and should have been awarded the PH.  

3.  The applicant provides supporting documents through counsel. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant be awarded the PH.   

2.  Counsel states, in effect, that the documents provided should be sufficient to support correction of the applicant’s military records.   

3.  Counsel provides a cover letter, 2nd Infantry Division Casualty Roster, and Unit Roster in support of the 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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the applicant's 3 May 1951 DD Form 214 (Report of Separation from the Armed Forces of the United States), the Department of the Army (DA) Korean War Casualty Roster, Office of the Surgeon General (OTSG) Hospital Admission Records, and the documents provided by the applicant through his counsel. 

3.  The applicant's 3 May 1951 DD Form 214 shows on 18 January 1950, after he had already completed 4 years, 3 months, and 16 days of prior active duty service, he entered his last period of active duty service in the Regular Army, in the rank of private first class (PFC), at Fort Lewis, Washington.  It also shows he attained the rank of corporal (CPL) on 8 October 1950, and that this was the rank he held on 3 May 1951, the date he was honorably discharged, by reason of physical disability.  It also shows he completed 1 year, 3 months, and 16 days of active military service during the period covered by the DD Form 214 (18 January 1950-3 May 1951), of which 2 months and 23 days were served overseas.  

4.  The NPRC file is void of a DD Form 214 covering the applicant's first 
4 years, 3 months and 16 days of active duty service and there are no earned awards listed in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 3 May 1951; and Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None."  


5.  The NPRC file does include an OTSG Hospital Admission Record that shows the applicant was admitted to a military treatment facility in Korea on 
2 September 1950, and was treated for a leg wound.  The hospital record confirms the applicant received the wound as a direct result of action against or by an organized enemy, and that wound was battle related.  

6.  The applicant provides a unit roster for the 2nd Engineer Battalion, 2nd Infantry Division, dated 31 July 1950, which lists the applicant as a member of the unit.  He also provides a 2nd Infantry Division Korean War Casualty Roster, which contains an entry indicating he was WIA in Korea on 2 September 1950.   

7.  During the processing of this case, a member of the Board’s staff reviewed the DA Korean War Casualty Roster.  The roster contains an entry confirming the applicant was seriously WIA in the South Korea sector on 2 September 1950.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by military medical personnel, and that a record of the medical treatment was made a matter of official record.  

9.  Paragraph 2-10 of the awards regulation contains guidance on award of the National Defense Service Medal (NDSM) and states, in pertinent part, that this award is authorized for honorable active duty service for any period between 
27 June 1950 and 27 July 1954.  

10.  Paragraph 5-9 of the awards regulation contains guidance on award of the Korea Service Medal (KSM) and states, in pertinent part, that it is authorized for service in Korea between 27 June 1950 and 27 July 1954.  One bronze service star is authorized for each campaign a member was credited with participating in while serving in Korea.  

11.  Paragraph 9-5 of the awards regulation contains guidance on the United Nations Service Medal (UNSM) and states, in pertinent part, that the award is authorized for service in Korea between 27 June 1950 and 27 July 1954.  Paragraph 9-16 contains guidance on award of the Republic of Korea War Service Medal (ROK-WSM) and states, in pertinent part, that it is authorized for service in Korea between 25 June 1950 and 27 July 1953.


12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the separation documents regulation in effect at the time of the applicant's discharge provided for entering only awards earned during the period covered by the DD Form 214 in Item 27; however, the current version of the regulation provides for entering all awards earned during all periods on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the PH based on being WIA in Korea, on 2 September 1950, was carefully considered and found to have merit.  By regulation, in order to support award of the PH there must be evidence that the member was wounded as a result of enemy action, that the wound required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.  

2.  In this case, the evidence confirms the applicant was seriously WIA in the South Korea sector on 2 September 1950, as a direct result of enemy action, as evidenced by the OTSG Hospital Admission Record on file and by the DA Korean War Casualty Roster, the official DA list of Korea battle casualties.  As a result, it would be appropriate to award the applicant the PH and to correct Item 27 and Item 29 of his 3 May 1951 DD Form 214 accordingly.  

3.  The available evidence does not accurately establish the entire period the applicant served in Korea, and absent any documentary evidence confirming the total period of Korea service, it is not possible to establish his eligibility for unit awards and campaign participation credit at this time.  However, it is possible to determine the applicant's eligibility for some awards he would have earned based on his active duty service and service in Korea.  Although, the regulatory standard in effect at the time the applicant served provided only for entering awards earned during the period covered by the DD Form 214 in Item 27, since there are no DD Forms 214 in the NPRC file documenting his prior active duty service, and he has provided none, it would be appropriate and serve the interest of equity to record the awards for which his eligibility can be established on his last 3 May 1951 DD Form 214.  

4.  The available evidence confirms the applicant's eligibility for the NDSM based on his active duty service during a qualifying period.  It also confirms his eligibility for the KSM, UNSM, and ROK-WSM based on his service in Korea.  As a result, it would also be appropriate and serve the interest of equity to add these awards to Item 27 of the applicant's 3 May 1951 DD Form 214 as an exception to the policy in effect at the time using the current regulatory standard.  
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 PH for being wounded in action in Korea on
2 September 1950;  

	b.  amending his 3 May 1951 DD Form 214 by deleting the current entry in Item 27 and replacing it with the entry "Purple Heart, National Defense Service Medal, Korean Service Medal, United Nations Service Medal, Republic of Korea War Service Medal"; 

   c.  and deleting the current entry in Item 29 and replacing it with the entry "Wounded In Action, Korea, 2 September 1950"; and
   
   d.  providing him a correction to his DD Form 214 that reflects these changes. 




      _______ _   __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)                                         AR20090003849



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ABCMR Record of Proceedings (cont)                                         AR20090003849


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