BOARD DATE:	 17 June 2010 

		DOCKET NUMBER:  AR20090020351 


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) to show award of the Purple Heart.

2.  The applicant states he was wounded in action on 4 July 1953 at Heart Break Ridge in Korea.  He adds that the Purple Heart was presented to him while he was in the hospital.

3.  The applicant provides a copy of his DD Form 214 and a picture of his Purple Heart medal set.

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 service 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.  However, his DD Form 214 offers sufficient documentation to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he entered active duty in the Regular Army for a period of 3 years on 22 October 1952 and he was awarded military occupational specialty 1745 (Infantryman).  He was honorably released from active duty on 27 January 1954 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  At the time he had completed 1 year and 3 months of net active service and 4 months and 7 days of foreign service.

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal with 1 bronze service star, United Nations Service Medal, National Defense Service Medal, and the Combat Infantryman Badge.

   b.  Item 28 (Most Significant Duty Assignment) shows he was assigned to Company E, 180th Infantry Regiment [45th Infantry Division].

   c.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he was seriously wounded in action as a result of a shell fragment wound to his right hand, face, left upper gum, left thigh, and left lower leg on 4 July 1953 at Heart Break Ridge.

4.  A review of the U.S. Army Surgeon General's Office Hospitalization File Listing for Korea (1950-1953) confirmed that the applicant's name is listed on the roster as having been wounded as a direct result of action against or by an organized enemy in Korea on 4 July 1953.

5.  A review of the applicant's available record reveals he may be authorized additional awards that are not shown on his DD Form 214.

6.  The applicant's DD Form 214 shows he was awarded the Korean Service Medal with 1 bronze service star, which signifies participation credit for one campaign.

	a.  The applicant was wounded in action in Korea on 4 July 1953 and hospitalized.  He served in Korea a total of 4 months and 7 days.  Based on this information, the earliest the applicant could have arrived in Korea was
28 February 1953.

	b.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Korean Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.

	c.  Table B-1 contains a list of Korean campaigns and shows that during the applicant's military service in Korea he participated in the following campaigns:

* Third Korean Winter (1 December 1952 - 30 April 1953)
* Korea Summer-Fall (1 May - 27 July 1953)

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and Korea.  This document shows that at the time of the applicant's assignment to Company E, 180th Infantry, his regiment was awarded the Republic of Korea Presidential Unit Citation for actions during the period
10 December 1951 to 31 July 1953 by Headquarters, Department of the Army, General Orders Number 30, dated 1954.

8.  Army Regulation 600-8-22 provides the policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record at the time.

   b.  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 1954.  The service prescribed must have been performed while on permanent assignment; 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 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 applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart because he was wounded in Korea on 4 July 1953.

2.  The evidence of record shows that the applicant's DD Form 214 indicates he sustained a shell fragment wound to his right hand, face, left upper gum, left thigh, and left lower leg on 4 July 1953 at Heart Break Ridge in Korea.  The U.S. Army Surgeon General's Office Hospitalization File Listing for Korea confirms that the applicant was wounded as a result of enemy action in Korea on 4 July 1953.  In addition, the applicant states that he was presented the Purple Heart medal while he was hospitalized for his injuries.  Thus, based on the available evidence, it is concluded that the applicant was wounded in action in Korea on 4 July 1953.  Therefore, it would be appropriate to correct the applicant's records to show award of the Purple Heart.

3.  The applicant qualified for award of the Korean Service Medal and he served in two campaigns during his service in Korea.  Therefore, it would be appropriate to correct his DD Form 214 to show award of 2 bronze service stars for wear on his already-awarded Korean Service Medal.

4.  The applicant served a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign service medal.

5.  General orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

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.  deleting from item 27 of his DD Form 214 the Korean Service Medal with one bronze service star,

   b.  awarding him the Purple Heart for wounds received in action in Korea on 4 July 1953, and

   c.  adding to item 27 of his DD Form 214 the Purple Heart, Korean Service Medal with 2 bronze service stars, Republic of Korea War Service Medal, and the Republic of Korea Presidential Unit Citation.



      __________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)                                         AR20090020351



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ABCMR Record of Proceedings (cont)                                         AR20090020351



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