IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090013848 


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 should have been awarded the Purple Heart for wounds received in Korea.  He points out that his orders for the Distinguished Service Cross indicate that he was wounded and ordered to the medical station for treatment.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and orders for the Distinguished Service Cross 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 for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was inducted into the Army of the United States on 
24 November 1949.  He served as an infantryman in Korea and was honorably discharged on 24 November 1952.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the Korean Service Medal with three bronze service stars, the Army of Occupation Medal with Japan Clasp, the Distinguished Unit Emblem, the Combat Infantryman Badge, and the Distinguished Service Cross 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.  However, the applicant provided orders for the Distinguished Service Cross for extraordinary heroism in action against the enemy on 4 February 1951 in Korea.  The citation for this award states, in pertinent part, that "After repelling two enemy attempts to retake the position, Corporal [the applicant's last name] was wounded by mortar fire but refused to leave his position until another gunner came.  He was then ordered to the medical aid station for treatment."

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 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 was 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.

8.  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.

9.  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.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's citation for the Distinguished Service Cross which states that he was wounded by mortar fire on 4 February 1951 in Korea is accepted as sufficient evidence on which to base award of the Purple Heart.

2.  Based on award of the Korean Service Medal, the applicant is eligible for award of the United Nations Service Medal.  Therefore, item 27 on his DD Form 214 should be corrected to show this medal.    
 
3.  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, item 27 on 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 February 1951 in Korea; 

	b.  adding the Purple Heart, the United Nations Service Medal, the National Defense Service Medal, and the Korea War Service Medal in item 27 on his DD Form 214;

	c.  deleting the entry in item 29 on his DD Form 214; and

	d.  adding the entry "Korea, 4 February 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)                                         AR20090013848





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ABCMR Record of Proceedings (cont)                                         AR20090013848



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