IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100023113 


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 National Defense Service Medal, Korea Defense Service Medal, and the Purple Heart.

2.  The applicant states, in effect, that these medals are missing from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1965 because on the date of his release from active duty, the personnel processing his paperwork were working late, after hours, and had to start over numerous times due to mistakes.

3.  The applicant provides:

* a self-authored statement, in which he summarizes his actions in Korea in January 1965, during a snowstorm in which he contends he received injuries due to frostbite after prolonged exposure
* a Standard Form (SF) 180 (Request Pertaining to Military Records)
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period 1 August 1975 through 15 April 1978

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 enlisted in the Regular Army on 19 November 1962 for a 3-year term of service.  He completed training and he was awarded military occupational specialty 72B (Communications Center Specialist).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.

3.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 29 August 1964 through 14 September 1965.  Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) documents his arrival in Korea as 30 August 1964 but there is no entry that shows his date of departure and return to the United States.

4.  On 27 September 1965, he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  Item 24b (Statement of Service - Total Active Service) of his DD Form 214 shows the entry 2 years, 9 months, and 19 days.  Item 24c (Foreign and/or Sea Service) shows the entry USARPAC [U.S. Army Pacific] for 1 year and 25 days.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Item 40 (Wounds) of his DA Form 20 is blank, indicating he did not sustain any wounds during his military service.  Additionally, his available records do not contain orders for the Purple Heart.

7.  His available records also do not contain any medical documents pertaining to the treatment of any wounds or injuries sustained during his service in the Republic of Korea.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for 

any period between 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003.  It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the National Defense Service Medal, Korea Defense Service Medal, and the Purple Heart was carefully considered and found to have partial merit.

2.  The evidence of record shows he completed a qualifying period of service for award of the NDSM.  Therefore, he is also entitled to correction of his DD Form 214 to show this award.

3.  His records confirm he completed a tour of duty in Korea.  Based on this service, he is entitled to the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

4.  With regard to his request for award of the Purple Heart, his self-authored statement was considered.  However, the evidence of record does not show he was wounded, that those wounds were the result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.  Absent such evidence there is insufficient basis to grant award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the National Defense Service Medal and the Korea Defense Service Medal.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart and adding it to his DD Form 214.



      ___________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)                                         AR20080016060



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ABCMR Record of Proceedings (cont)                                         AR20100023113



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