IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100008790 


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 25 March 1953 while serving with the 31st Infantry Regiment, 7th Infantry Division in Korea and his wife was notified of the incident by telegram.

3.  The applicant provides a copy of a Western Union telegram, dated 2 April 1953; and an internet page entitled "Korean War Casualties, 1950-1957."

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 was inducted into the Army of the United States on 10 January 1952 and he was awarded military occupational specialty 1745 (Infantryman).  He was honorably released from active duty (REFRAD) on 1 December 1953 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  At the time of his REFRAD he had completed 1 year, 9 months, and 2 days of net active service with 10 months and 19 days of foreign service.

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal with 2 bronze service stars, 1 Overseas Service Bar, Combat Infantryman Badge, United Nations Service Medal, and the National Defense Service Medal.

   b.  Item 28 (Most Significant Duty Assignment) shows he was assigned to Company A, 31st Infantry Regiment.

   c.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."

4.  A review of the U.S. Army Surgeon General's Office Hospitalization File Listing for Korea (1950-1953) confirmed 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 24 March 1953.

5.  In support of his request, the applicant provides:

   a.  a Western Union telegram that shows the Secretary of the Army notified his spouse that he was wounded in action in Korea on 25 March 1953 when he sustained a flesh wound of his left thigh by artillery fire when his position was attacked by the enemy; and

   b.  a page from the Korean War Casualties, 1950-1957, from the website: www.ancestry.com that shows the applicant was wounded in action by missile in the North Korea sector on 25 March 1953.


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

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 A, 31st Infantry, his regiment was awarded the Republic of Korea Presidential Unit Citation for actions during the period 30 September 1950 to 27 July 1953 by Department of the Army General Orders (DAGO) 23, dated 1956.

8.  Army Regulation 600-8-22 (Military Awards) 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 service 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 a crew member of an aircraft in aerial flight over Korea participating in combat operations or in support of combat operations.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It stated, in effect, that for block 29, enter chronologically each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared.  Show both place and date of action.
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 25 March 1953.

2.  The evidence of record shows that the applicant was wounded in action in Korea when he sustained a flesh wound of his left thigh by artillery fire when his position was attacked by the enemy on either 24 or 25 March 1953.  While the Western Union telegram indicates the incident occurred on 25 March, the U.S. Army Surgeon General's Office Hospitalization Files indicate the date was
24 March.  Based on the evidence of official records, the earlier of the two dates is recognized.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show he was wounded in action in Korea on 24 March 1953 and, accordingly, awarded the Purple Heart.

3.  The applicant served a qualifying period of service 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.

4.  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:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  __X_____  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 partial 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 Purple Heart for wounds received in action in Korea on 24 March 1953;

   b.  adding to item 27 of his DD Form 214 the Purple Heart, Republic of Korea War Service Medal, and the Republic of Korea Presidential Unit Citation; and
   
   c.  deleting from item 29 of his DD Form 214 the entry "None" and replacing it with the entry "Korea, 24 March 1953."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to being wounded in action in Korea on 25 March 1953.



      _______ _  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)                                         AR20100008790



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ABCMR Record of Proceedings (cont)                                         AR20100008790



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