IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090009813 


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, the former service member's (FSM) spouse, requests correction of the FSM's records to show all of his authorized awards.

2.  The applicant states she believes the FSM's records should show he was awarded the Purple Heart, National Defense Service Medal, and any other awards to which he was entitled.

3.  The applicant provides a copy of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) and DA Form 4980-10 (The Purple Heart) certificate.

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 FSM's military service 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 FSM's records were lost or destroyed in that fire.  However, the FSM's DD Form 214 and DA Form 4980-10 offer sufficient documentation to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM enlisted and entered active duty in the Regular Army on 8 October 1952.  Upon completion of training he was awarded military occupational specialty 111 (Light Weapons Infantryman).

4.  The FSM's DD Form 214 shows he was honorably released from active duty on 7 October 1955 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  At the time he had completed 3 years of net active service and 1 year, 3 months, and 13 days of foreign service.  Additionally,

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal with one bronze service star, Army Good Conduct Medal, United Nations Service Medal, and Combat Infantryman Medical [sic] Badge;

   b.  item 28 (Most Significant Duty Assignment) shows he was assigned to the Facilities Detachment, 69th Infantry Division; and

   c.  item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "LWA FW (8 JUL 53) FACE & LEFT HAND" (i.e., lightly wounded in action, fragment wound (8 July 1953) face and left hand).

5.  A review of the Adjutant General's Office Casualty Division's Korean Casualty Roster confirmed that the FSM's name is listed on the roster as having been wounded in action in the North Korea sector on 8 July 1953.

6.  The applicant provides a copy of the FSM's DA Form 4980-10 that shows he was awarded the Purple Heart for wounds received in action in the Republic of Korea (ROK) on 8 July 1953 in support of this application.

7.  A review of the FSM's available records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:

	a.  the Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record at the time;

	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.  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 1954.  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.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service, in the priority sequence specified in Army Regulation 600-8-22, will be entered on the DD Form 214.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM's records should be corrected to show all of his authorized awards and decorations, including the Purple Heart and National Defense Service Medal.

2.  The evidence of record shows that item 29 of the FSM's DD Form 214 indicates he sustained a fragment wound to his face and left hand on 8 July 1953 and the Adjutant General's Office Casualty Division's Korean Casualty Roster confirmed that the FSM's name is listed on the roster as having been wounded in action in the North Korea sector on 8 July 1953.  In addition, the FSM was issued the Purple Heart certificate showing he was awarded the Purple Heart for wounds received in action on 8 July 1953 in the ROK.  Thus, based on the available evidence, it is concluded that the FSM was wounded in action in the ROK on 8 July 1953.  Therefore, in view of the foregoing, it would be appropriate to correct the FSM's records to show award of the Purple Heart.

3.  Records show that the FSM served a qualifying period of service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct the FSM's records to show award of this service medal.

4.  The evidence of record shows that the FSM served a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, it would be appropriate to correct the FSM's records to show this service medal.

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 adding to item 27 of the FSM's DD Form 214 the Purple Heart, National Defense Service Medal, and Republic of Korea War Service Medal.



      ____________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)                                         AR20090009813



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ABCMR Record of Proceedings (cont)                                         AR20090009813



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