IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021537
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, that he be awarded the Purple Heart and that it be entered on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states that he was wounded on 24 January 1952 and his award of the Purple Heart should be reflected on his DD Form 214.
3. The applicant provides a copy of his 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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed 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.
3. The applicant was inducted on 22 January 1951. He completed his training and was transferred to Korea for assignment to Company D, 279th Infantry Regiment.
4. Item 29 (Wounds received as a result of action with enemy forces) of his DD Form 214 shows, on 24 January 1952, while serving in the rank of private first class (PFC), he was wounded in action when he received grenade fragments wounds to the lower left leg. There is no evidence to show that he was awarded the Purple Heart for those wounds.
5. On 21 October 1952 he was honorably released from active duty (REFRAD). He had served 1 year and 9 months of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army of Occupation Medal (Japan), the Korean Service Medal with one bronze service star, the Good Conduct Medal, the Combat Infantryman Badge and the United Nations Service Medal.
6. The applicants name is not contained on the Korean Casualty Listing.
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 (Military Awards) 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 (Military Awards) states the National Defense Service Medal (NDSM) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he was wounded as a result of enemy action in Korea on 24 January 1952 while serving in the rank of PFC. Accordingly, he is entitled to be awarded the Purple Heart and to have it added to his records at this time.
2. The applicant also served during a period that qualifies him for award of the NDSM. Accordingly, it should be awarded and added to his records at this time.
3. Additionally, the applicant is eligible for award of the ROKWSM for his service in Korea during the Korean War. Accordingly, he should be awarded that award and have it added to his records as well.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Awarding him the Purple Heart for wounds received in action against the enemy in Korea on 24 January 1952 while serving in the rank of PFC and adding that award to his records.
* Awarding him the NDSM and adding that award to his records
* Awarding him the ROKWSM and adding that award to his records.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated. 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) AR20100021537
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ABCMR Record of Proceedings (cont) AR20100021537
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