IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090019147
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 item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his 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 he wants the Purple Heart written on his discharge.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 3 November 1952. He served as an infantryman in Korea and was honorably discharged on 21 August 1954.
4. The applicant's DD Form 214 shows the Combat Infantryman Badge, Korean Service Medal with one bronze service star, Presidential Unit Citation, National Defense Service Medal, and United Nations Service Medal as authorized awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "LWA [lightly wounded in action] SFW [shell fragment wound] UPPER BACK 27 JUL 53."
5. There are no orders for the Purple Heart in the available records.
6. The Korean Casualty Roster shows the applicant was wounded on 27 July 1953.
7. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 27 July 1953 in Korea for a wound to his abdomen and back as a direct result of action by an organized enemy. The causative agent was explosive projective shells from a gun or mortar.
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 personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal 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. The medical evidence of record, the entry on the Korean Casualty Roster, and the entry in item 29 on the applicants DD Form 214 which show he was wounded on 27 July 1953 in Korea are accepted as sufficient evidence on which to amend item 27 on his DD Form 214 to show award of the Purple Heart.
2. The applicant served a period of qualifying service for award of the Republic of Korea War Service Medal. Therefore, item 27 on his DD Form 214 should be corrected to show this medal.
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 adding the Purple Heart and Republic of Korea War Service Medal in item 27 on 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) AR20090019147
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