IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018810 


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 the Armed Forces of the United States) be corrected to reflect award of the Purple Heart.

2.  The applicant states the Purple Heart was omitted from his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides a copy of his DD Form 214, a copy of a letter from the Veterans Administration (VA) awarding him disability compensation, copies of two newspaper articles, and a copy of orders assigning him to a medical holding detachment as a battle casualty. 

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 was inducted in Buffalo, New York on 15 September 1952.  He completed his training and was transferred to Korea.

4.  He was assigned to Company F, 65th Infantry Regiment, 3d Infantry Division and on 7 June 1953, he was awarded the Combat Infantryman Badge (CIB).

5.  On 10 June 1953, he was admitted for medical treatment as a combat casualty due to a bullet wound to the lower left leg that was a direct result of action against or by an organized enemy.  

6.  He was returned to duty in July 1953 and was advanced to the rank of corporal on 23 April 1954.

7.  On 27 August 1954, he was honorably REFRAD at Camp Kilmer, New Jersey.  He had served 1 year, 11 months, and 13 days of total active service of which 1 year, 6 months, and 11 days were served overseas.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Korea Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal and the CIB.  Additionally, his DD Form 214 shows in block 29 (Wounds Received as a Result of Action with Enemy Forces) the entry “SWA BUTTOCKS RT LOWER LEG LEFT HAND FRACTURES.” However, the available records do not contain any evidence to show he was awarded the Purple Heart.

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

9.  Army Regulation 600-8-22 provides 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.  


10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea.  This document shows that at the time of the applicant’s assignment to Company F, 65th Infantry Regiment, the unit was cited for award of the Distinguished Unit Citation that is now known as the Presidential Unit Citation (PUC) by Department of the Army General Orders Number 77-54, for action in Korea on 10 June 1953.  His unit was also awarded the Republic of Korea Presidential Unit Citation (ROKPUC) for action in Korea during the period of 10 June to 14 June 1953. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the Purple Heart should be added to his 
DD Form 214 has been considered and appears to have merit.

2.  The available evidence clearly shows the applicant was wounded in action and he was treated for his wounds.  The available records do not contain evidence of his award of the Purple Heart.  However, given the available evidence and the applicant’s contention that he was awarded the Purple Heart, it is reasonable to presume that an administrative error resulted in it not being added to his DD Form 214.  Accordingly, it would be in the interest of justice to do so at this time.

3.  Additionally, the evidence of record clearly shows the applicant is entitled to award of the ROKWSM, the PUC, and the ROKPUC and to have them added to his DD Form 214 at this time.

BOARD VOTE:

____x____  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the ROKWSM, the PUC, and the ROKPUC and by adding these awards and the Purple Heart to his DD Form 214.
2.  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)                                         AR20090018810



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ABCMR Record of Proceedings (cont)                                         AR20090018810



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