IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090005435
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 (PH).
2. The applicant states, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) will confirm his entitlement to the PH for an injury he received in his left leg by enemy fire on 4 July 1952. He also indicates that he was hospitalized for a few days and returned to his unit.
3. The applicant provides a Veterans Service Commission Letter, dated
13 March 2009, and a copy of his DD Form 214 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 applicant's 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using a reconstructed record and the DD Form 214 provided by the applicant.
3. The applicants DD Form 214 shows he enlisted in the Army and entered active duty on 17 October 1951. It also shows he continuously served until he was honorably released from active duty (REFRAD), in the rank of sergeant first class (SFC), on 19 July 1953, after completing 1 year and 9 months of creditable active military service.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant on 19 July 1953 shows he earned the following awards during his tenure on active duty: Korean Service Medal (KSM) with bronze service star, Combat Infantryman Badge (CIB), United Nations Service Medal, and
1 Overseas Service Bar. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "LWA-SFW left leg 4 Jul 1952," which confirms that he was wounded in action when he received a shell fragment wound to his left leg on 4 July 1952, in Korea.
5. An Office of the Surgeon General (OTSG) Hospital Admission Record in the applicant's NPRC file shows he was admitted to a medical treatment facility in Korea, on 4 July 1952, and that he was treated for a wound that was caused by an explosive projectile shell from a gun or mortar as a direct result of enemy action.
6. 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.
7. 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the PH has been carefully considered and found to have merit. The evidence of record confirms the applicant was wounded in action while serving in Korea, on 4 July 1952, as evidenced by the entry contained in item 29 of his DD Form 214 and the OTSG Hospital Admission Record contained in the NPRC file. Therefore, it would be appropriate to award the applicant the PH and to add it to his DD Form 214 at this time.
2. The evidence also shows that based on the applicants active duty service and service in Korea he is entitled to the NDSM and ROKWSM which also should be added to his DD Form 214 at this time.
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 awarding him the Purple Heart for being wounded in action in Korea on 4 July 1952; amending item 27 of his DD Form 214 by adding the Purple Heart, National Defense Service Medal, and the Republic of Korea War Service Medal; and issuing 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) AR20090005435
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ABCMR Record of Proceedings (cont) AR20090005435
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