IN THE CASE OF:	

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100017357 


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 award of the Purple Heart and any other awards to which he is entitled be added to his records.

2.  The applicant states that his award of the Purple Heart is not reflected on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant provides a photocopy of his Purple Heart medal with his name engraved, a copy of a DA Form 1577 (Authorization for Issuance of Award), and a copy of a newspaper article.

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 was inducted into the Army of the United States in Syracuse, NY on 12 August 1952.  He was initially transferred to Fort Devens, MA and then to Fort Indiantown Gap Military Reservation in Pennsylvania where he completed his training as a heavy weapons infantryman.

3.  He departed for the Far East Command (FECOM) on 20 January 1953 and he arrived in Korea on 12 February 1953.  He was assigned to the heavy mortar company of the 38th Infantry Regiment, 2d Infantry Division.  He was advanced to the pay grade of E-3 on 25 March 1953.

4.  On 13 June 1953, he was wounded as a result of enemy action when he sustained wounds to the left side of the head, thigh, arm, and leg.  He was medically evacuated to Japan and then to the Tripler Army Hospital in Hawaii on 29 July 1953.  He was subsequently transferred to Walter Reed Army Medical Center in Washington, D.C. where he remained until he was medically retired due to permanent physical disability on 30 June 1954 with a 70 percent (%) disability rating percentage.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his discharge reflects he was awarded the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he was wounded in Korea on
13 June 1953.

6.  There are no orders in his official records to show that he was ever awarded the Purple Heart.  However, his records do contain documentation of medical treatment for his wounds of 13 June 1953.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 that 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 prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  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 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to a unit during a period of time the unit was awarded the Republic of Korea Presidential Unit Citation for the period 16 September 1950 through 26 October 1953 by Department of the Army General Orders 10, dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the available records to show that he was awarded the Purple Heart, there is sufficient evidence present to show that he was wounded in action against the enemy, that he was treated for those wounds by medical personnel, and the treatment was made a matter of official records.  He was also subsequently retired by reason of permanent disability because of those wounds.  Accordingly, it is reasonable to presume that he was awarded the Purple Heart and that award should be added to his DD Form 214 at this time.

2.  The applicant served a qualifying period of service for the ROKWSM.  Therefore, he is entitled to correction of his DD Form 214 to show this service medal.

3.  The applicant was assigned to a unit in Korea that was cited for award of the ROKPUC.  Therefore, his DD Form 214 should be correction to show this unit award.

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 adding to item 27 of his DD Form 214 the:

* Purple Heart 
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation



      ____________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)                                         AR20100017357



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100017357



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1