IN THE CASE OF:	  

		BOARD DATE:	  7 July 2009

		DOCKET NUMBER:  AR20090004169 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show award of the Purple Heart.

2.  The applicant states that he was wounded in Korea and his DD Form 214 shows this wound but he is not shown to have received the Purple Heart for this wound.

3.  The applicant provides a copies of his DD Form 214, a National Personnel Records Center (NPRC) letter, and a Department of Veterans Affairs (DVA) tax abatement/exemption letter, dated 26 November 2008.

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.  It is believed that the applicant's military records were lost or destroyed in the NPRC fire of 1973.  Information herein was obtained from hospital admission cards created by the Office of The Surgeon General, the applicant’s DD Form 214, and the Korean Casualty File. 

3.  The applicant's DD Form 214 provides the following:

	a.  the applicant enlisted in the Regular Army on 28 September 1948;

	b.  he served in military occupational specialty 4812 (Heavy Weapons Infantryman);

	c.  he was honorably discharged on 22 May 1952, after completing 3 years, 7 months, and 25 days of active service; and 2 years, 5 months, and 16 days of foreign service; with no lost time.

	d.  he was wounded in action on 8 April 1951 at the 38th Parallel in Korea; and

	e.  his awards are shown as the Army of Occupation Medal (Japan), the Combat Infantryman Badge, the Korean Service Medal with 5 bronze service stars, and the United Nations Service Medal.

4.  In the development of this case a search of the hospital admission cards created by the Office of The Surgeon General (commonly referred to as the "SGO Files)" was made.  These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the NPRC.  This information is a valuable substitute for the records lost in the NPRC fire of 1973.  A review of these files found that on          8 April 1951, the applicant received a combat-incurred injury listed as a penetrating missile wound to the abdomen wall, pelvis, and loin.

5.  The Korean Casualty File also contains a listing of the applicant's name and shows he was wounded in action on 8 April 1951 and returned to duty. 

6.  A 5 February 2009 NPRC letter shows the applicant’s authorized awards include the Army of Occupation Medal (Japan), the National Defense Service Medal, the Korean Service Medal with 1 silver service star, the Combat Infantryman Badge, and the United Nations Service Medal.



7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part that:

	a.  the Purple Heart is awarded for a wound sustained 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 by medical personnel, and the medical treatment must have been made a matter of official record;

	b.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined; and

	c.  a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation; that authorized bronze service stars will be worn on the appropriate service medal; and that a silver service star is authorized in lieu of five bronze service stars.

8.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal 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 Republic of Korea War Service Medal.  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 states he was wounded in Korea and his DD Form 214 shows this wound but he did not receive the Purple Heart for this wound.

2.  The SGO records substantiate that the applicant sustained an injury as a result of enemy action, that it required treatment, and that the treatment was made a matter of record.  The Korean Casualty File and the DD Form 214 further confirm that the applicant was wounded in action on 8 April 1951.  Therefore, it would be appropriate to award the applicant the Purple Heart for this wound and to show this award on the DD Form 214.

3.  The applicant served on active duty during a period for which the National Defense Service Medal was authorized.  It is appropriate to correct the DD Form 214 to show this award.

4.  The applicant's DD From 214 shows he was awarded the Korean Service Medal with 5 bronze service stars.  It should be properly shown as the Korean Service Medal with 1 silver service star.

5.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  It is appropriate to correct the DD Form 214 to show this award.

6.  Based on the above information and finds, it is appropriate to correct the applicant's DD Form 214 to show his awards as: the Purple Heart, the Army of Occupation Medal (Japan), the National Defense Service Medal, the Korean Service Medal with 1 silver service star, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Combat Infantryman Badge.

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 the Purple Heart for combat wounds received on 8 April 1951 in Korea; and

	b.  correcting the DD Form 214 to show the applicant's awards as the Purple Heart, the Army of Occupation Medal (Japan), the National Defense Service Medal, 

the Korean Service Medal with 1 silver service star, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Combat Infantryman Badge.



      _______ _   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)                                         AR20090004169





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ABCMR Record of Proceedings (cont)                                         AR20090004169



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