BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013488 


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 its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that he was wounded in combat on 21 May 1951 in Seoul, Korea.  He believes that he should have been awarded the Purple Heart when he was awarded the Combat Infantryman Badge.  When his DD Form 214 was prepared the Purple Heart was not included.

3.  The applicant provides copies of his DD Form 214 and his Department of Veterans Affairs (VA) Rating Decision and entitlements letter 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 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.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States in pay grade E-1 on 21 November 1950.  He completed training and was awarded military occupational specialty 4745, light weapons infantryman.  He served overseas in Korea for 1 month and 25 days.  He served with Company A, 21st Infantry Regiment.

4.  The applicant was honorably released from active duty in the temporary rank of private first class on 20 August 1952 at the expiration of his term of service and transferred to the Enlisted Reserve Corps.  He was credited with 1 year and 9 months of net active service with no lost time.

5.  Entries on the applicant's DD Form 214 do not show award of the Purple Heart.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the Combat Infantryman Badge and the Korean Service Medal with one bronze service star.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, "Seoul Korea 21 May 1951."

6.  The applicant's available records contain an Office of the Surgeon General Hospital Admission Card (page 251, microfiche 066) for the year 1952 that shows the applicant was wounded in the femur and forearm as a direct result of action against or by an organized enemy while serving in Korea and was medically evacuated to the United States.  He remained hospitalized until his separation in August 1952.

7.  There are no orders in the applicant's available service personnel records that show he was awarded the Purple Heart.

8.  The Korean War Casualty List shows the applicant's name.

9.  The applicant submitted a copy of his VA Rating Decision, dated 29 June 2009, that shows he was granted an increased service-connected disability for a fracture to his right femur with leg shortening and status post total hip arthroplasty.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 also provides 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.

12.  Army Regulation 600-8-22 further 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 1954.  The service prescribed must have been performed as follows:  (a) while on permanent assignment, (b) 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 (c) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

13.  Army Regulation 600-8-22 also provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal is between 27 June 1950 and 27 July 1954. 
The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not show the Purple Heart.  There are no general orders in the available records that show he was awarded the Purple Heart.  However, the available evidence shows he wounded on 21 May 1951 as a result of enemy action while serving in Korea, he received treatment by medical personnel, and the treatment was made a matter of official record.  Item 29 of his DD Form 214 also shows he was wounded as a result of enemy action; however, the Purple Heart medal is not shown.  He is therefore entitled to award of the Purple Heart and to have his records corrected to show this award.

2.  The available evidence shows that the applicant completed a qualifying period of service for award of the National Defense Service Medal and met the criteria for award of the Republic of Korea War Service Medal.  Therefore, the National Defense Service Medal and Republic of Korea War Service Medal should also be added to his DD Form 214.

3.  Based on the available records and completion of a period of qualifying service, it would further be appropriate to correct his records to show award of the United Nations Service Medal.  Therefore, he is entitled to have his records corrected to show this award on his DD Form 214.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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:

	a.  by awarding the applicant the Purple Heart for wounds received as a result of enemy action on 21 May 1951;

	b.  by adding the Purple Heart, the National Defense Service Medal, the Republic of Korea War Service Medal, and the United Nations Service Medal to item 29 of his DD Form 214; and


	c.  by providing him a corrected DD Form 214 that includes these awards.



      ____________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)                                         AR20090013488



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ABCMR Record of Proceedings (cont)                                         AR20090013488



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