DOCKET NUMBER:  AR20090013946 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Purple Heart.

2.  The applicant states that his DD Form 214 shows that he was wounded in action but does not include the Purple Heart.

3.  The applicant provides, in support of his application, a copy of his 
DD Form 214.

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214 shows:

	a.  in item 17 (Means of Entry Other Than Induction) that he enlisted in the Regular Army (RA) for 3 years;

   b.  in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that his awards included the Combat Infantryman Badge, Distinguished Unit Citation, and the Korean Service Medal with five bronze service stars;

	c.  in item 29 (Wounds Received as a Result of Action with Enemy Forces) that he was wounded in action in Korea on 26 August 1951; and

	d.  that he was honorably discharged on 6 May 1952.

4.  A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

5.  A search of the SGO files shows the applicant was hospitalized on 27 August 1951 for medical treatment of a bullet wound received as a direct result of enemy action.  This record shows that he was assigned to the 23rd Infantry Regiment.

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 medical personnel, and the medical treatment must have been made a matter of official record.

7.  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.

8.  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.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Republic of Korea.  This publication shows that the 
23rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 10, dated in 1954, for award of the Republic of Korea Presidential Unit Citation.

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 applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The evidence clearly shows that the applicant sustained wounds as a result of enemy action and that these wounds received medical treatment by medical personnel.  Therefore, he should be awarded the Purple Heart.

3.  The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal.   Therefore, his records should be corrected to show this award.

4.  The applicant served in the Republic of Korea during a qualifying period for award of the United Nations Service Medal.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant's unit was awarded the Republic of Korea Presidential Unit Citation.  Therefore, his records should be corrected to show this award.

6.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.

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 in Korea on 26 August 1951; and
   
   b.  adding to item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, United Nations Service Medal, Republic of Korea Presidential Unit Citation, and the 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)                                         AR20090013946



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ABCMR Record of Proceedings (cont)                                         AR20090013946



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