BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090013275
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 and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show this award.
2. The applicant states that he was never awarded the Purple Heart and it was not noted on his service records. He indicates that while he was in Korea the Battalion Headquarters was flooded and the records were lost and that a fire in the United States burned a lot of records.
3. In support of his application, the applicant provides a letter, dated
17 December 1951, from a Member of Congress to the applicant's mother informing her that the applicant was wounded in action in Korea.
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 enlisted in the Regular Army on 26 May 1950 for a period of
3 years. He served as an infantryman in Korea and was honorably discharged on 25 May 1953.
4. The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with four bronze service stars, and the United Nations Service Medal as authorized awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "None."
5. There are no orders for the Purple Heart in the available records.
6. The Korean Casualty Roster shows the applicant was wounded in action on
4 October 1951.
7. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 4 October 1951 in Korea for a wound to his knee as a direct result of action by an organized enemy. The causative agent was explosive projective shells from a gun or mortar.
8. 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.
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 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 medical evidence of record which shows the applicant was hospitalized on 4 October 1951 in Korea for a knee wound as a direct result of enemy action is accepted as sufficient evidence on which to base award of the Purple Heart and correction of his DD Form 214 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:
___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 4 October 1951 in Korea;
b. adding the Purple Heart, the National Defense Service Medal, and the Republic of Korea War Service Medal on his DD Form 214;
c. deleting the entry in item 29 on his DD Form 214; and
d. adding the entry "Korea, 4 October 1951" in item 29 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) AR20090013275
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013275
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022198
Army Regulation 600-8-22 states 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. While the exact dates cannot be determined, the available evidence shows the applicant was captured by enemy forces in February 1951 and he remained a POW until he was repatriated in August 1953. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110005962
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. 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 2 June 1951 and on 1 July 1951; b. adding to item 27 of his DD Form 214 the: *...
ARMY | BCMR | CY2008 | 20080017028
He also states that he was wounded in Korea in combat and that he has the Purple Heart medal at his residence but it is not listed on his discharge. 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 in action on 22 September 1950 in Korea; b. awarding him the Purple Heart with first oak leaf...
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 | 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 | 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 | CY2007 | AR20070002531C071029
The applicant’s military records are not available to the Board for review. In accordance with the applicable regulation, it would be appropriate to correct his records to show that he was wounded in action and to award him the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. publishing orders awarding him the Purple Heart for wounds received in action against enemy forces on 26 May 1951, while serving...
ARMY | BCMR | CY2013 | 20130017321
His military service records are not available to the Board for review. The entries in item 29 of his DD Form 214, the National Archives Korean War Casualty File, and the SGO files are sufficient to award the applicant the Purple Heart based on wounds received on 6 October 1951 as a result of hostile action in Korea. 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 he received...
ARMY | BCMR | CY2009 | 20090008973
Application for correction of military records (with supporting documents provided, if any). The FSM's DD Form 214 shows the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, and the United Nations Service Medal as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding to him the Purple Heart for wounds received in action on 16 September 1951 in...
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.