BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008432 


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 that he was born in Okay, Oklahoma, instead of Oklahoma City, Oklahoma.  He also requests that he be awarded the Purple Heart, two “battle stars” and all medals to which he is entitled.

2.  The applicant states that he was wounded in the left thigh in June 1952, while he was service in Korea.

3.  The applicant provides three letters from individuals who contend that they served with the applicant when he was wounded in June 1952.

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 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 applicant’s records were lost or destroyed in that fire.  This case is being considered using reconstructed records, which primarily consist of the applicant’s DD Form 214 and a National Personnel Record Center letter addressed to the applicant dated 4 May 2009.

3.  The available records show that on 1 September 1950, the applicant entered on active duty in the rank of corporal.  He successfully completed his training as a light weapons infantryman.

4.  The applicant was honorably discharged on 4 July 1957 under the provisions of Army Regulation 615-360 and Department of the Army Message 40672, at the expiration of his term of service.  

5.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the Army of Occupation Medal w/Japan Clasp, the Korean Service Medal w/one bronze service star, the Combat Infantryman Badge, and the United Nations Service Medal.  His DD 214 also shows his place of birth as Oklahoma City, Oklahoma, and in item number 29 (Wounds Received as a Result of Action with Enemy Forces) the word “None” is reflected.

6.  In a letter addressed to the applicant dated 4 May 2009 from the National Personnel Records Center, the applicant was notified that he was being furnished copies of the medals to which he is entitled as reflected on his DD Form 214.  He was informed that he was also entitled to the National Defense Service Medal which he was also furnished.

7.  The three letters submitted by the applicant are from three individuals who contend that they have knowledge of the applicant being wounded in June 1952, while he was in Korea.

8.  A review of the Korean Casualty File shows that the applicant’s name is not contained therein.

9.  Army Regulation 600-8-22 (Military Awards) provides 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 medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 also 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 through a date to be determined.

11.  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. 

12.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was born in Okay, Oklahoma, instead of Oklahoma City, Oklahoma.  He also contends that he should be awarded the Purple Heart, two battle stars and all medals to which he is entitled.

2.  The applicant’s contentions have been noted.  However, there is no evidence available and the applicant has not provided evidence to show that the place of birth currently reflected on his DD Form 214 is incorrect.  Therefore, this information cannot be changed on his DD Form 214 at this time.

3.  The three letters that he submitted in support of his request for award of the Purple Heart have been considered.  However, they are not sufficient evidence to warrant the requested relief.  The applicant’s DD Form 214 shows that he was not wounded as a result of action with enemy forces.  He has provided no medical evidence to show that he was treated for wounds in June of 1952 that were the result of action with enemy forces.  His name is not listed on the Korean Casualty Roster.  In the absence of medical evidence to the contrary, it must be presumed that the applicant was appropriately not awarded the Purple Heart.  Therefore, this award cannot be included on his DD Form 214.
4.  The applicant’s DD Form 214 shows that he was awarded the Korean Service Medal w/one bronze service star.  There is no evidence in the available record that shows he is entitled to additional bronze service stars.  

5.  However, based on the applicable regulation the applicant is entitled to the National Defense Service Medal and the Republic of Korea War Service Medal and his DD Form 214 should be corrected to reflect these awards.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
amending his DD Form 214 to show that he was awarded the National Defense Service Medal and the Republic of Korea War Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart and amending his DD Form 214 to change his place of birth and to show additional bronze service stars.




      _______ _   _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)                                         AR20090008432



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ABCMR Record of Proceedings (cont)                                         AR20090008432



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