IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090008654
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 that he did not receive the Purple Heart for wounds received from enemy mortar fire while in a firefight on Kelly Hill in Korea on 20 September 1952. He contends that he received penetrating shell fragments to his left thigh, knee, leg, and elbow as well as compound fractures. He further states that he was retired from the Army due to his permanent disability with military disability retired pay and Department of Veterans Affairs' compensation.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), a service record, and a transfer summary 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 was inducted into the Army of the United States on 22 May 1951. He served as an infantryman in Korea and was retired on 31 August 1953 by reason of permanent disability.
3. The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Army Good Conduct Medal as authorized awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry, "Korea, 20 Sep 52."
4. General Orders Number 26, dated 26 September 1952, awarded the applicant the Purple Heart for wounds received in action on 20 September 1952 in Korea.
5. In support of his claim, the applicant provided a service record, dated 21 September 1952, which states that he was seriously wounded in action on 20 September 1952 in North Korea by artillery and mortar fire by the enemy. He sustained flesh wounds to his left lower arm, left thigh, left lower leg, and right foot. He also provided a transfer summary which states, in pertinent part, that he was wounded in action on 20 September 1952 by enemy mortar fire in Korea.
6. 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.
7. 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 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
8. Army Regulation 600-8-22 states that 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. The service prescribed must have been performed while on permanent assignment, 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 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. Orders show the applicant received the Purple Heart. Therefore, his DD Form 214 should be corrected to show this award.
2. 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, his DD Form 214 should be corrected to show these medals.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X__ ___X____ ___X____ 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 adding the Purple Heart, the National Defense Service Medal, and the Republic of Korea War Service Medal to 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) AR20090008654
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ABCMR Record of Proceedings (cont) AR20090008654
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