IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20090021733
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 his award of the Purple Heart.
2. The applicant states he was presented the Purple Heart while in the hospital and his DD Form 214 shows the date of his combat wounds. However, the
DD Form 214 does not show the award of the Purple Heart.
3. The applicant provides copies of his DD Form 214 and a February 2009 Department of Veterans Affairs (VA) Rating Decision.
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 for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, Information herein was obtained from documents provided by the applicant which is sufficient to conduct a fair and impartial review of this case.
3. The DD Form 214 provides following:
a. he served on active duty from 28 April 1952 to 27 January 1954;
b. he was awarded the Combat Infantryman Badge, United Nations Service Medal, National Defense Service Medal, and the Korean Service Medal with three bronze service stars;
c. he sustained wounds as the result of action with the enemy in Korea on
19 February 1953; and
d. he had 1 year and 9 months of creditable active service with no time lost.
4. The VA rating decision shows the applicant is in receipt of compensation for six conditions, five being identified as the result of shell fragment wounds to his right arm, right thigh, and left calf sustained on 19 February 1953.
5. Army Regulation 600-8-22 (Military Awards) provides that the Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROKWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the ROKWSM. To qualify for award of the ROKWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was presented the Purple Heart while in the hospital and his DD Form 214 shows the date of his combat wounds. However, the
DD Form 214 does not show the award of the Purple Heart.
2. The applicant's DD Form 214 shows he was wounded as a result of action with enemy forces in Korea on 19 February 1953. He is also currently in receipt of VA benefits for the residuals of his wounds. This clearly shows that he is entitled to award of the Purple Heart and, accepting his statement that he received the award while in the hospital, it is appropriate to correct his DD Form 214 by adding the Purple Heart to his authorized awards.
3. The applicant also served Korea during a qualifying period for entitlement to the ROKWSM. Therefore, his DD Form 214 should be corrected to show this 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 adding to item 27 of his DD Form 214 the Purple Heart and the Republic of Korea War Service Medal.
__________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) AR20090021733
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ABCMR Record of Proceedings (cont) AR20090021733
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