BOARD DATE: 18 February 2011
DOCKET NUMBER: AR20100021592
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 the Purple Heart.
2. The applicant states his separation document shows he received a wound as a result of enemy action while serving in Korea.
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and an affidavit stating it was made from a certified copy found in public records.
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. His DD Form 214 is the only available document.
3. The applicant's DD Form 214 shows the following:
a. service on active duty from 6 July 1949 through 10 October 1952;
b. item 27 lists the applicant's awards as the Combat Infantryman Badge, Distinguished Unit Citation, Korean Service Medal with five bronze battle stars, and the United Nations Service Medal; and
c. item 29 (Wounds Received As A Result Of Action With Enemy Forces) shows "SFW [shell fragment wound] (Korea) 22 Sep 50."
4. A review of the Korean Casualty File [believed to have been compiled from only hospitalized battle casualties] failed to show the applicant's name.
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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;
b. the 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 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; and
c. the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart; his DD Form 214 is documented to support he was wounded as a result of enemy action while serving in Korea.
2. The version of the DD Form 214 in effect at the time specified that wounds received as a result of enemy action would be recorded in item 29. The applicant's DD Form 214 shows he received a shell fragment wound on 22 September 1950. In the absence of evidence to the contrary, it would be appropriate to accept this entry as sufficient evidence to award him the Purple Heart.
3. The applicant served during a period for which the National Defense Service Medal was authorized for which the medal was authorized; therefore, it would be appropriate to correct his DD Form 214 to show this medal.
4. The Republic of Korea War Service Medal was not created until well after the applicant was released from active duty. He served during the period which the medal was authorized; therefore, it would be appropriate to correct his DD Form 214 to show this 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. awarding the applicant the Purple Heart for a wound received on 22 September 1950;
b. adding the Purple Heart, National Defense Service Medal, and the Republic of Korea War Service Medal to the applicant's DD Form 214; and
c. providing the applicant a document to show 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) AR20100021592
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ABCMR Record of Proceedings (cont) AR20100021592
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