IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090004819
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 award of the Purple Heart.
2. The applicant states, in effect, that he was wounded on 13 April 1951 in Korea, but he never received the Purple Heart. He contends that his discharge document shows his wounds in item 29 (Wounds Received as a Result of Action with Enemy Forces).
3. The applicant provides a copy of his DD Form 214 and Honorable Discharge Certificate 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 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 was inducted on 26 September 1950. He served in Korea and was honorably discharged on 26 June 1952.
4. The applicant's DD Form 214 shows the Korean Service Medal with two bronze service stars and one award of the Overseas Service Bar as authorized awards. Item 29 on his DD Form 214 shows the entry, "Severe Concussions & Abrasions on legs 13 Apr 51."
5. There are no orders for the Purple Heart in the available records.
6. The applicants name does not appear on the Korean Casualty Roster.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 military personnel, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.
9. Army Regulation 600-8-22 provides, in pertinent part, that 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.
10. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) 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. The service prescribed must have been performed as follows:
(1) while on permanent assignment;
(2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or
(3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The entry in item 29 on the applicants DD Form 214 which shows he was wounded on 13 April 1951 in Korea is accepted as sufficient evidence on which award him the Purple Heart and to amend item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show award of the Purple Heart.
2. Based on award of the Korean Service Medal, the applicant is eligible for award of the United Nations Service Medal. Therefore, item 27 on his DD Form 214 should be corrected to show this medal.
3. The applicant served a period of qualifying service for award of the National Defense Service Medal and the Republic of Korea War Service Medal. Therefore, item 27 on his DD Form 214 should be corrected to show these medals.
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 13 April 1951; and
b. adding the Purple Heart, the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal in item 27 on his DD Form 214.
_______ _ 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) AR20090004819
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004819
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100013894
Army Regulation 600-8-22 provides that 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. Records show the applicant participated in three campaign periods during his service in the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110015585
The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...
ARMY | BCMR | CY2011 | 20110000811
The applicants military records are not available to the Board for review. Army Regulation 600-8-22 states 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the: * Purple Heart * National Defense Service Medal * United...
ARMY | BCMR | CY2008 | 20080014119
The applicant's military records are not available for review. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 8 February 1951 and correction of his records to show this award. _______ _ _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.
ARMY | BCMR | CY2008 | 20080016809
Evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal. Evidence of record shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the Purple Heart for wounds received as a result of hostile action on 30 January...
ARMY | BCMR | CY2010 | 20100022300
The applicants military records are not available to the Board for review. Based on award of the Korean Service Medal, he is eligible for award of the United Nations Service Medal. 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 20 February 1951 in Korea; b. adding the Purple Heart, Korean Service Medal with one bronze service star, United Nations...
ARMY | BCMR | CY2011 | 20110011292
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. The evidence shows the applicant sustained injuries in action against an enemy as a result of hostile action. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2006 | 20060010170C070205
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. The applicant’s military records are not available to the Board for review. The medical evidence of record which shows the applicant was diagnosed with frostbite on 22 December 1950 in Korea and wounded as a result of hostile action on 24 April 1951 and on 26 June 1951 in Korea are accepted as sufficient evidence on which to base three...
ARMY | BCMR | CY2006 | 20060005164C070205
The applicant's DD Form 214 shows the Combat Infantryman Badge, the Army of Occupation Medal with Japan Clasp, and the Korean Service Medal with one bronze service star as authorized awards. Although the applicant’s name does not appear on the Korean War Casualty Roster, the entry in item 29 on the applicant’s DD Form 214 which shows he was wounded in action on 7 June 1951 in Korea is accepted as sufficient evidence on which to base award of the Purple Heart. As a result, the Board...
ARMY | BCMR | CY2007 | 20070017220
Counsel states that service medical records verify the applicant was wounded in action. The applicants military records are not available to the Board for review. 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 on 29 November 1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on 30 November 1950; b. adding the Purple Heart with First Oak Leaf...