IN THE CASE OF:	

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023220 


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 for injuries sustained on 22 April 1951.

2.  As a secondary issue, he requests presentation of the Purple Heart at Fort Huachuca, AZ, and that he be provided travel expenses.

3.  The applicant states he is unsure why he was not awarded the Purple Heart at the time he was wounded.  He states it may have been oversight or it may have been racial prejudice.  He concludes he was young and lacked knowledge of the award criteria necessary to inquire about it.

4.  The applicant provides a self-authored letter, his DD Form 214 (Report of Separation from the Armed Forces of the United States), and a letter from Headquarters, 24th Infantry Regiment, addressed to his mother.

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 his 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 for a 3-year term on 27 July 1950.  This form also shows his most significant duty assignment was with Company A, 47th Engineer Battalion, located at Fort Riley, KS.

4.  His DD Form 214 further shows he was honorably discharged on 27 July 1953 at the expiration of his term of service.  He was credited with the completion of 3 years of active military service including 11 months and 4 days of foreign service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, and one overseas service bar.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "LWA LAC W Hand L, with FC dtd 22 Apr 1951."

7.  He provides a letter from Headquarters, 24th Infantry Regiment, dated 13 July 1951, addressed to his mother, Mrs. L____ F____ C____.  In this letter, the Assistant Adjutant informs her that her son was slightly wounded and hospitalized on 22 April 1951.  He further states her son was returned to duty on 25 April 1951.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 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.

9.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 provides that 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.

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM).  The regulation states that the period of eligibility for the UNSM 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 UNSM.

12.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROKWSM) 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 ROKWSM.  To qualify for award of the ROKWSM, 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 nonconsecutive 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.  The evidence of record shows the applicant was wounded and received medical treatment for his wounds on 22 April 1951 and that he was returned to duty on 25 April 1951.  Therefore, he is entitled to award of the Purple Heart and to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he served a period of qualifying service for award of the NDSM and is entitled to the UNSM based on award of the Korean Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows he served a period of qualifying service for award of the ROKWSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  With regard to his secondary request for a Purple Heart award ceremony at Fort Huachuca, AZ, and to be provided travel expenses to attend, the ABCMR  
has no authority to fund the travel of former Soldiers to attend award ceremonies.  However, his local American Legion or other service organizations may coordinate an award ceremony for him.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Purple Heart for wounds received in action on 22 April 1951 in Korea
* amending item 27 of his DD Form 214 to add the Purple Heart, the NDSM, the UNSM, and the ROKWSM

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 approval of his request for presentation of the Purple Heart and funding of his travel expenses to Fort Huachuca, AZ.



      ____________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)                                         AR20100023999



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023220



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1