IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020735 


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 the Purple Heart (PH) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he should have been awarded the PH because he was wounded in action.

3.  The applicant provides his DD Form 214, Bronze Star Medal (BSM) with "V" Device orders, and a news article 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 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 record is 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, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the applicant's DD Form 214, BSM with "V" Device orders, and the news article he provided.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 12 January 1951.  It also shows he attained the rank of sergeant on 12 April 1953 and this is the rank he held when he was honorably released from active duty on 25 January 1954.  It further shows he completed 3 years of active duty service during the period of his enlistment of which 1 year, 11 months, and 2 days were overseas service.

4.  Item 27 (Decorations, Awards, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure:

* BSM
* Combat Infantryman Badge
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* National Defense Service Medal

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "none" and item 38 (Remarks) documents 14 days of lost time.

6.  The applicant provides Headquarters, 20th Infantry Division, Korea, General Orders Number 212, dated 19 June 1953.  These orders awarded him the BSM with "V" Device for heroic achievement on 21 and 22 March 1953 while serving with Company E, 38th Infantry Regiment, 2nd Infantry Division, in the vicinity of Unchon, North Korea.  The narrative states the applicant, disregarding his own safety and impervious to the enemy's small arms fire, remained exposed while firing his weapon rapidly and accurately, killing several of the foe.  It further states, "although painfully wounded by enemy fire during this action," the applicant refused medical treatment and continued his intense volume of fire into enemy ranks, inflicting heavy casualties.

7.  The applicant also provides a news article recounting the heroic achievements that led to receiving the BSM with "V" Device.  This article also indicates the applicant had "recovered from his wounds."

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member of the Armed Forces of the United States wounded or killed in action after 5 April 1917.

9.  Paragraph 9-16 of Army Regulation 600-8-22 contains guidance on award of the Republic of Korea War Service Medal (ROKWSM) and states it is authorized for service in Korea between 25 June 1950 and 27 July 1953.

10.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-Korean War) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean War.  This pamphlet confirms that during his tenure of assignment, the applicant's unit (38th Infantry Regiment) earned the Republic of Korea Presidential Unit Citation (ROKPUC).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention the PH should be added to his DD Form 214 has been carefully considered and found to have merit.  Although there is no indication the applicant was wounded in action on his DD Form 214, the official orders awarding him the BSM with "V" Device for his heroic achievement on 21 and 22 March 1953 confirm he was wounded in action during this action.

2.  The news article provided by the applicant indicates he had recovered from his wounds incurred during the action for which he earned the BSM with "V" Device.  As a result, even absent medical records, it is reasonable to presume the applicant was ultimately treated for the wounds he received in action by military medical personnel.  Therefore, there is sufficient evidence to support awarding the applicant the PH for being wounded in action in Korea on 22 March 1953 and by correcting item 27 and item 29 of his DD Form 214 accordingly.

3.  The evidence also shows that based on his service in Korea, he is authorized the ROKPUC and ROKWSM.  Therefore, it would be appropriate to add these awards to his DD Form 214.  Further, given the evidence clearly shows he earned the BSM with "V" Device for heroic achievement, the DD Form 214 should be corrected by adding the "V" Device to the already-listed BSM.



BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 PH wounds incurred in action in Korea on 22 March 1953;

	b.  amending item 27 of his DD Form 214 by adding the "V" Device to the already-listed BSM and adding the PH, ROKWSM, and ROKPUC;

	c.  amending item 29 of his DD Form 214 by deleting the current entry and replacing it with the entry, "Wounded in Action, Korea, 22 March 1953"; and

	d.  providing him a correction to his DD Form 214 that includes these changes.



      ____________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)                                         AR20090020735



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ABCMR Record of Proceedings (cont)                                         AR20090020735



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