BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100012867
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 he be awarded the Purple Heart and all other awards to which he is entitled.
2. The applicant states that he should have been awarded the Purple Heart for shrapnel wounds received in action against the enemy in Korea on 23 September 1952. He also states that he desires to be awarded all other awards that he is entitled to.
3. The applicant provides:
* A statement in support of his claim
* A copy of a previously-submitted DD Form 149 (Application for Correction of Military Records)
* A copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* A copy of his DD Form 215 (Correction to DD Form 214)
* A copy of an unauthenticated third party statement
* A copy of his 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 records were not available for review by the Board. However, the documents provided by the applicant are sufficient to conduct an equitable review of his case.
3. The applicant enlisted in the Regular Army in Boston, Massachusetts on 19 January 1951 for a period of 3 years.
4. The available records show that he served in Korea, that he was promoted to the temporary rank of corporal on 26 August 1953, and that he was honorably discharged at Camp Atterbury, Indiana on 18 January 1954. He was awarded the Korean Service Medal with three bronze service stars, the United Nations Service Medal, and the National Defense Service Medal.
5. Block 29 of his DD Form 214 (Wounds Received as a Result of Action with Enemy Forces) contains the entry None.
6. A review of the Korean War Casualty Listing shows no entry of the applicant being reported as a casualty. Additionally, there is no evidence in the available records to indicate that his treatment was made a matter of record.
7. The unauthenticated third-party statement from a lieutenant who claims he served with the applicant indicates that the applicant was serving as a radio operator as a member of a forward observation team in Korea when he was wounded by artillery fire. He further states that his injuries did not require hospitalization so he was returned to duty.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
9. 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. While the sincerity of the applicants claim that he was wounded in action in Korea on or about 23 September 1952 is not in doubt, there simply is no evidence of record to show that he was treated for such wounds and that the treatment was made a matter of record.
2. Therefore, in the absence of corroborating evidence of record to show that he meets the criteria for award of the Purple Heart, there appears to be no basis to award it to him at this time.
3. However, the evidence of record does show that he served in Korea during the Korean War and thus is entitled to be awarded the ROKWSM. Accordingly, it would be appropriate to do so at this time.
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 adding the ROKWSM to his DD Form 214.
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 award of the Purple Heart.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Korea War. 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) AR20100012867
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