IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100014980
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 to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.
2. He states that his DD Form 214 indicates he was wounded on 23 October 1951. He received the Purple Heart, but it is not listed on his DD Form 214 and he would like it added.
3. He provides a DD Form 214.
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 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, the documentation submitted by the applicant was sufficient for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States in pay grade E-1 on 14 February 1951. He served overseas in Korea for 4 months and 19 days.
4. He was honorably released from active duty in pay grade E-3 on 20 November 1952 and transferred to the Enlisted Reserve Corps. He was credited with 1 year, 9 months, and 7 days of net active service with no lost time.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Korean Service Medal with one bronze service star and United Nations Service Medal. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, "Korea 23 October 1951."
6. The Korean War Casualty List confirms he was wounded on 23 October 1951 as a result of enemy action in the North Korea Sector.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 also 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.
9. Army Regulation 600-8-22 further states he 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 as follows: (a) while on permanent assignment, (b) 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 (c) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the Purple Heart.
2. The Korean Casualty List shows he was wounded on 23 October 1951 as a result of enemy action while serving in Korea, and it is presumed he received treatment by medical personnel and the treatment was made a matter of official record. Item 29 of his DD Form 214 also shows he was wounded as a result of enemy action; however, the Purple Heart is not listed in item 27. He is therefore entitled to correction to item 27 of his DD Form 214 to list the Purple Heart.
3. The available evidence shows he completed a qualifying period of service for award of the National Defense Service Medal and met the criteria for award of the Republic of Korea War Service Medal. Therefore, the National Defense Service Medal and Republic of Korea War Service Medal should also be added to his DD Form 214.
4. In view of the foregoing, his records should be corrected as recommended below.
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. adding the Purple Heart, Republic of Korea War Service Medal, and National Defense Service Medal to item 27 of his DD Form 214; and
b. providing him a document that includes the above corrections.
_______ _ 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) AR20100014980
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