BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090017214
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) for the period ending 19 December 1951 (hereafter referred to as the DD Form 214 in question) to show award of the Purple Heart with First Oak Leaf Cluster.
2. The applicant states, in effect, he was injured in July 1950 and again in November 1950 but he did not want to bother the Department of Defense or appear greedy when so many of his comrades were killed in action.
3. The applicant provides his DD Form 214 showing he was wounded on two separate occasions.
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 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. The following information was derived from documents furnished by the applicant and obtained through other sources available to the ABCMR.
3. The available evidence shows the applicant enlisted in the Regular Army on 25 June 1948 with more than 1 year of prior service. He was awarded the military occupational specialty of light weapons infantryman. The highest rank he held during his tenure of service was private first class (PFC).
4. The applicant's DD Form 214 in question shows he completed a total of 4 years, 7 months, and 13 days of service for pay purposes. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Purple Heart.
5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 contains two entries;
a. "Shot Wound, neck, right side 31 Jul 50"; and
b. "Shrapnel, right leg, November 1950."
6. Army Regulation 600-8-22 (Military Awards) provides 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 provides that the Oak Leaf Cluster is used to denote the second and succeeding awards of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 in question shows he received wounds on two separate occasions as a result of actions with enemy forces. As such, the evidence is sufficient to warrant awarding him the Purple Heart with First Oak Leaf Cluster for wounds received in November 1950 and adding it to his DD Form 214.
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 awarding the applicant the Purple Heart with First Oak Leaf Cluster for wounds received as a result of enemy action in November 1950 and adding it to his DD Form 214 in question.
_______ _ _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.
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