IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090014079
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show the Purple Heart and Bronze Star Medal.
2. The applicant states that he was given these awards on Hill 347 while moving up to Pork Chop Hill.
3. The applicant provides his DD Form 214 and Department of Veterans Affairs (VA) medical records.
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 applicant's military records could not be located and are presumed to have been destroyed during the fire at the records repository at St. Louis in 1973. However, the records submitted by the applicant are sufficient to consider his request.
3. The available evidence shows the applicant enlisted in the Regular Army on 3 October 1952. He was promoted to specialist three, and was honorably released from active duty on 8 October 1955 in this rank.
4. The applicant's DD Form 214 shows his significant awards and decorations as the Korean Service Medal with 2 bronze service stars and the Combat Infantryman Badge. Item 29, Wounds received as a result of action with enemy forces, contains the entry "CONCUSSION OF HEAD JULY 1953 KOREA."
5. Special Regulation 615-360-1, in effect at the time, required that each wound received during the period covered by the DD Form 214 being prepared, as a result of enemy action, be entered on the DD Form 214 in Item 29.
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
7. The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The entry in Item 29 of the applicant's DD Form 214 confirms that he was wounded as a result of enemy action and presumable the treatment for that wound was made a matter of record. As such, it would be appropriate to now add the Purple Heart to the applicant's DD Form 214.
2. The applicant did not submit and there are no orders in his record to show that he was awarded the Bronze Star Medal. As such, there is insufficient evidence in which to add this award to his DD Form 214.
3. The fact that the applicant was awarded two bronze service stars to be worn on his Korean Service Medal verifies that he served sufficient time to be entitled to the ROK-KWSM. As such, it would be proper to now add this award to his
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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; and
b. adding to his DD Form 214 the Purple Heart and the ROK-KWSM.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star 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) AR20090014079
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ABCMR Record of Proceedings (cont) AR20090014079
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