IN THE CASE OF:	  

		BOARD DATE:	    14 January 2010

		DOCKET NUMBER:  AR20090014200 


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 he be awarded the Purple Heart and that his Certification of Military Service be corrected to reflect that award.

2.  The applicant states that he was wounded in Korea on 1 October 1952 and was not awarded the Purple Heart nor was his Certification of Service prepared to reflect the award of the Purple Heart.  He goes on to state that he did not realize he had not been awarded the Purple Heart until he was going through papers when his wife died.

3.  The applicant provides a copy of a Western Union Telegram from The Adjutant General of the Army addressed to his parents informing them that he had been wounded in action in Korea on 1 October 1952 and that he had sustained a flesh wound on the right side of the head by artillery fire.  He also provides a National Archives (NA) Form 13038 (Certification of Military Service).

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 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 to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 1 September 1950.  The Western Union Telegram provided by the applicant indicates that he was wounded in action in Korea on 1 October 1952 and that he had sustained a flesh wound on the right side of the head by artillery fire while serving in the rank of private first class (PFC).

4.  His Certification of Military Service dated 25 June 2009 reflects that he was honorably discharged in the rank of sergeant on 19 October 1953.  He was discharged at Camp Atterbury, Indiana.

5.  A review of the limited records available failed to reveal a copy of his DD Form 214 (Report of Separation).

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 states that 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.  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.  While there are very few records available in the applicant’s case, the applicant has provided sufficient evidence to show that he was wounded in action in Korea on 1 October 1952, while serving in the rank of PFC. 

2.  Accordingly, he is entitled to be awarded the Purple Heart for those wounds.

3.  Additionally, the ROKWSM was authorized subsequent to his separation and he should be authorized to be awarded the medal set for that award as well.

4.  Inasmuch as there is no DD Form 214 in the available records to make the necessary corrections and since awards are not authorized for entry on the NA Form 13038, the proceedings of this Board in this case will serve as the official document to reflect those awards.

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 awarding him the Purple Heart for wounds received in action in Korea on 1 October 1952, while serving in the rank of PFC, and by issuing him a medal set for award of the Purple Heart and the ROKWSM and using these proceedings as an official document to reflect his entitlement to those awards in the absence of a DD Form 214. 

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 adding his awards to the NA Form 13038.  


3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20090014200





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ABCMR Record of Proceedings (cont)                                         AR20090014200



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