IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010741
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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect two awards of the Purple Heart (Purple Heart with 1 Oak Leaf Cluster (OLC)) and his service in Korea.
2. The applicant states his DD Form 214 does not reflect award of the Purple Heart with 1 OLC and his service in Korea.
3. The applicant provides a copy of his DD Form 214 and copies of orders for two Purple Hearts.
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 in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 6 June 1950 for a period of 3 years. He completed his training as a light weapons infantryman and he was subsequently transferred to Korea for assignment to Company I, 15th Infantry Regiment, 3d Infantry Division.
4. On 30 January 1951, he was wounded in action in South Korea and he was hospitalized until he returned to duty on 17 April 1951.
5. On 1 October 1951 he was again wounded in action in North Korea and was hospitalized until he returned to duty on 4 October 1951.
6. General Orders Number 55 issued by the 141st General Hospital on 23 July 1952 awarded the applicant the Purple Heart.
7. General Orders Number 18 issued by the 8055th Army Unit on 4 October 1951 awarded the applicant the Purple Heart with 1 OLC.
8. The applicant served 1 year, 1 month, and 2 days of foreign service and on 5 June 1953 he was honorably discharged at Camp Atterbury, Indiana. His
DD Form 214 indicates he was awarded the Korean Service Medal with 3 bronze service stars and the United Nations Service Medal. It also reflects in block 29 (Wounds Received as a Result of Action with Enemy Forces) "NONE."
9. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
10. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.
11. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his records should be corrected to reflect the Purple Heart with 1 OLC has been considered and found to have merit. He was awarded the Purple Heart with 1 OLC for wounds received in action in Korea on 30 January and 1 October 1951. Accordingly, his DD Form 214 should be corrected.
2. The applicant was serving as an infantryman in an infantry unit at the time he was wounded on 30 January 1951. Accordingly, he should be awarded the CIB effective 30 January 1951 and this badge should be added to his DD Form 214.
3. Additionally, the applicant is entitled to award of the NDSM and the ROKWSM and to have these medals added to his DD Form 214.
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 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 CIB and
b. adding to his DD Form 214 the Purple Heart with 1 OLC, CIB, NDSM, and ROKWSM.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100010741
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ABCMR Record of Proceedings (cont) AR20100010741
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