IN THE CASE OF:	  

		BOARD DATE:	    7 December 2010

		DOCKET NUMBER:  AR20100014507


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 award of a second Purple Heart.

2.  The applicant states he was wounded on 11 July 1952 and on 15 October 1952.  He received the first Purple Heart, but not the second.

3.  The applicant provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States) showing he was wounded on 11 July 1952 and awarded the Purple Heart
* copies of two Western Union telegrams from the Army to his parents informing them of his 15 October 1952 wounding in Korea

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 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, there were sufficient documents remaining for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was a Regular Army Soldier serving as a Corporal, Medical Corps, with duties as a combat medic.  He served from his entry onto active duty on 12 February 1951 to his honorable discharge on 10 March 1954.

4.  The applicant served in Korea for 10 months and 9 days during the Korean War.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Silver Star
* Bronze Star Medal
* Purple Heart
* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal
* National Defense Service Medal
* Combat Medical Badge
* one Overseas Service Bar

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he was wounded in action in Korea on 11 July 1952.

6.  Evidence provided by the applicant conclusively proves he was wounded a second time on 15 October 1952.  This wound consisted of a shell fragment wound (SFW) of his right calf, rupturing the posterior tibial artery.  The cause was artillery fire while he was engaging the enemy.  This evidence is further reinforced by information contained in the Korean Casualty File which verifies the applicant was twice wounded in action.



7.  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.

8.  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.

9.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for:

* item 27, enter decorations or citations and authority for each.  Authorities for service medals need not be entered
* item 34, enter place and date wounded

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 contains a Purple Heart awarded for wounds received on 11 July 1952.  He has provided evidence to show he was wounded a second time on 15 October 1952.  This evidence is corroborated by the Korean Casualty File which lists both wound dates.  Therefore, he is entitled to award of a second Purple Heart and correction of his DD Form 214 to appropriately show his second wounding.

2.  All Korean War veterans are entitled to the new Republic of Korea War Service Medal issued on the occasion of the 50th anniversary of the Korean War.  Therefore, he is entitled to correction of his DD Form 214 to show this service medal.

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:

	a.  deleting from item 27 of his DD Form 214 the Purple Heart;

	b.  awarding him the Purple Heart for wounds received in action on
15 October 1952;

	c.  adding to item 27 of his DD Form 214 the Purple Heart (1st oak leaf cluster) and the Republic of Korea War Service Medal; and

	d.  adding to Item 29 of his DD Form 214 the entry "SFW - 15 Oct 52 - Korea."



      _______ _  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)                                         AR20100014507



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ABCMR Record of Proceedings (cont)                                         AR20100014507



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