IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100019728 


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, in effect, award of the Purple Heart.

2.  The applicant states he received the Purple Heart for wounds received in action during the Korean War and it is not recorded on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant provides an official statement from The Adjutant General of the Army, dated 9 August 1982, stating he is entitled to the Purple Heart.

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 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 in a reconstructed record to conduct a fair and impartial review of this case.  Within the applicant's reconstructed record is a copy of his DD Form 214 with a separation date of 13 March 1956.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 20 January 1950 with prior service.  He served in military specialty number 642.10 (Truck Driver).

4.  The Korean Casualty File shows that the applicant was injured in the North Korea sector on 2 December 1950.  This record shows he was "seriously wounded in action by missile."

5.  On 13 March 1956, the applicant was honorably discharged.  His DD Form 214 shows he completed 9 years, 6 months, and 15 days of net service for pay purposes with 4 years, 7 months, and 28 days of foreign service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he received the following awards:

* Bronze Star Medal
* Combat Medical Badge
* Distinguished Unit Citation
* Korean Service Medal with five bronze service stars
* National Defense Service Medal

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he received a bullet wound to his right hand on 2 December 1950 while serving in Korea.

8.  The applicant submitted a copy of an official statement from the Department of the Army that states, "official records show that [applicant] is entitled to the Purple Heart for wounds received in action in the Republic of Korea on 2 December 1950."  His reconstructed record on file at the National Archives and Records Administration contains a copy of this same statement.

9.  Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

11.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record documented on the applicant's DD Form 214 and recorded in the Korean Casualty File, he is entitled to award of the Purple Heart for wounds incurred in action on 2 December 1950.  Therefore, it would be appropriate to award him the Purple Heart and correct his record to show this award.

2.  Based on his award of the Korean Service Medal, he is entitled to award of the United Nations Service Medal and correction of his record to show this award.

3.  Based on award of the Purple Heart for wounds incurred in the North Korea sector, award of the Bronze Star Medal, and foreign service of over 4 years, a presumption can be made that he served in the Republic of Korea for 30 consecutive days or more.  Therefore, he is entitled to award of the Republic of Korea War Service Medal.



BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Purple Heart for wounds incurred on 2 December 1950 and

	b.  adding to item 27 of his DD Form 214 the Purple Heart, United Nations Service Medal, and Republic of Korea War Service Medal.



      ____________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)                                         AR20100019728



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ABCMR Record of Proceedings (cont)                                         AR20100019728



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