BOARD DATE:	17 March 2011  

		DOCKET NUMBER:  AR20100022300 


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.  He also requests, in effect, the Army of Occupation Medal with Japan Clasp be removed from his DD Form 214 (Report of Separation from the Armed Forces of the United States).  

2.  The applicant states:

* He was shot on 20 February 1951 while serving in Korea
* The shot shattered both his ulna and radius
* He spent 3 weeks in the hospital in Japan and 7 weeks in Hot Springs, AR
* He has received 10 percent service connected disability from the Department of Veterans Affairs since 1966
* His DD Form 214 states he is entitled to the Army of Occupation Medal with Japan Clasp but he did not occupy Japan, he was in Korea
* He was told by his platoon commander he would be awarded the Purple Heart but he never received it 

3.  The applicant provides:

* Western Union telegram
* Privacy Act statement
* Letter, dated 17 August 2010, from a Member of Congress
* 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 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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  His DD Form 214 shows he enlisted in the Regular Army on 19 July 1949 and was honorably discharged on 15 November 1952.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "Army Occ. Medal (Japan) (correctly known as the Army of Occupation Medal with Japan Clasp) as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "NA" [not applicable].

5.  There are no orders for the Purple Heart in the available records.  However, the applicant provided a Western Union telegram, dated 5 March 1951, which states he was slightly wounded in action in Korea on 20 February 1951.

6.  His name does not appear on the Korean Casualty Roster.

7.  His inclusive dates of service in Korea are not available.

8.  No evidence shows he served in Japan.


9.  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.  

10.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The regulation states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the Korean Service Medal.  

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that 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.

13.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union telegram which shows he was wounded on 20 February 1951 in Korea is accepted as sufficient evidence on which to base award of the Purple Heart.  In addition, items 27 and 29 of his DD Form 214 should be corrected accordingly.  

2.  Based on his service in Korea and participation in at least one campaign, he is eligible for the Korean Service Medal with one bronze service star.  Item 27 of his DD Form 214 should be corrected to show this medal.
3.  Based on award of the Korean Service Medal, he is eligible for award of the United Nations Service Medal.  Item 27 of his DD Form 214 should be corrected to show this medal.    

4.  He served a period of qualifying service for award of the National Defense Service Medal and Republic of Korea War Service Medal.  Item 27 of his DD Form 214 should be corrected to show these medals.

5.  Per the applicant's request, the Army of Occupation Medal with Japan Clasp should be removed from item 27 of his DD Form 214. 

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 him the Purple Heart for wounds received in action on 
20 February 1951 in Korea;

	b.  adding the Purple Heart, Korean Service Medal with one bronze service star, United Nations Service Medal, National Defense Service Medal, and Republic of Korea War Service Medal to item 27 of his DD Form 214;  

	c.  deleting the entry "Army Occ. Medal (Japan)" from item 27 of his DD Form 214; and






	d.  deleting the entry in item 29 of his DD Form 214 and replacing it with "Korea, 20 February 1951."   



      _______ _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)                                         AR20100022300





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022300



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1