IN THE CASE OF:	

		BOARD DATE:	 04 March 2010 

		DOCKET NUMBER:  AR20090015439 


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, as the son of a former service member (FSM), requests correction of his father’s DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.  

2.  The applicant states that the FSM’s DD Form 214 shows he was wounded and two letters from Veterans Affairs (VA) show he was awarded disability payments for a service-connected wound with a 10 percent disability rating.  

3.  The applicant provides the following documents in support of his application: 

* FSM’s obituary;
* DD Form 214; 
* Honorable Discharge Certificate from the U.S. Army Ready Reserve;
* Letter from VA, dated 11 June 1953;
* VA Rating Decision, dated 22 March 2002;
* Letter from FSM, dated 9 June 1997, summarizing events when he was 
wounded;
* Enlisted Reserve Corps Qualification and Availability Questionnaire;
* FSM’s and mother’s marriage license;
* Letter from mother, dated 22 January 2010;
* His birth certificate; and
* FSM’s death certificate.



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 FSM’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 FSM's records were lost or destroyed in that fire.  However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The FSM's DD Form 214 shows he entered active duty on 24 October 1950 and was honorably released from active duty on 25 October 1952.  His DD Form 214 shows he completed 1 year, 6 months, and 20 days of foreign service.

4.  His DD Form 214 shows the Army of Occupation Medal (Japan), the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge as authorized awards.  

5.  There are no orders which authorize award of the Purple Heart to the applicant.  

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry “Cut on right Leg & Left June 1952 Kumhwa Val.”

7.  The FSM's name is listed on the Korean Casualty Roster.  The roster indicates he was wounded on 17 June 1952 in North Korea.

8.  The applicant provided a letter, dated 11 June 1953, from the VA Regional Office, Cleveland, OH, which indicated the FSM was awarded compensation for residuals of a gunshot wound to his right leg (10 percent).  The letter also indicated that residuals of gunshot wound in his left leg were service-connected with zero disability rating.  

9.  The applicant also provided a VA Rating Decision, dated 22 March 2002, which shows the FSM’s evaluation of a gunshot wound of the right lower leg with damage to muscle group with 10 percent disability rating was continued.  

10.  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.

11.  The Government of the Republic of Korea issued the Korean 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.  Effective 1 January 2006, the U.S. Army was authorized to award the ROK-KWSM to eligible U.S. Army veterans or their next of kin.  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 applicant’s contentions that the FSM’s DD Form 214 shows he was wounded and two letters from VA show he was awarded disability payments for a service-connected wound with a 10 percent disability rating are noted.  There is sufficient evidence on which to grant award of the Purple Heart in this case.  

2.  There are no orders which authorize award of the Purple Heart to the FSM.  However, his DD Form 214 shows he sustained a wound to his right and left leg in June 1952 and his name is listed on the Korean Casualty Roster which shows he was wounded in action on 17 June 1952 in North Korea.

3.  The entry on the FSM’s DD Form 214 and the entry on the Korean Casualty Roster are accepted as sufficient evidence as a basis to correct his DD Form 214 to show award of the Purple Heart.  

4.  The FSM completed a period of honorable service from 24 October 1950 through 25 October 1952 and served in Korea during this period.  Therefore, he met the eligibility criteria for award of the ROK-KWSM.

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 17 June 1952; and 

	b.  adding the Purple Heart and the ROK-KWSM to 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)                                         AR20090015439





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ABCMR Record of Proceedings (cont)                                         AR20090015439



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