BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100024503 


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 that his award of the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he was awarded the Purple Heart for wounds received in Korea on 8 July 1953 and his award of the Purple Heart was not added to his DD Form 214.

3.  The applicant provides copies of:

* his DD Form 214
* a medical document with no identifying information describing a wound received on 8 July 1953 and the events that followed, to include award of the Purple Heart
* a Department of Veterans Affairs Form 3101 (Request for Information)

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 for review.  A fire destroyed approximately 18 million service members' records at the NPRC 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 into the Army of the United States in Chicago, Illinois, on 23 October 1952.  He completed training as an infantryman and was assigned to Company F, 32d Infantry Regiment, in Korea.

4.  He was promoted to the rank of private/E-2 on 23 February 1953.  On 8 July 1953, he was wounded by enemy grenade fragments in the North Korea sector and was subsequently evacuated from the theater of operations.

5.  On 22 July 1954, he was honorably released from active duty at Fitzsimons Army Hospital in Denver, Colorado.  He completed 1 year and 9 months of active service, of which 4 months and 10 days were served overseas.  His DD Form 214 reflects that he was awarded the Combat Infantryman Badge, Korean Service Medal with one bronze service star, United Nations Service Medal, and National Defense Service Medal.

6.  In block 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 is the entry "Korea 8 Jul 53" [8 July 1953].

7.  The unidentified medical document provided by the applicant indicates that a Purple Heart was awarded in General Orders Number 46 issued by Headquarters, 382d General Hospital, dated 20 July 1953.  The 382d General Hospital was in Kanoaka, Japan, in 1953.

8.  The applicant's name is contained in the Korean War Casualty Listing.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound 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.

10.  Army Regulation 600-8-22 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 or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the Purple Heart and it should be added to his records has been noted and appears to have merit.  His DD Form 214 clearly shows he was wounded on 8 July 1953 and his name is contained in the Korean War Casualty Listing.

2.  Accordingly, it is reasonable to presume he was, in fact, awarded the Purple Heart and the failure to enter it in his records was an administrative oversight.  Therefore it would be appropriate to add it to his records at this time.

3.  The evidence of record also shows he served during a qualifying period for award of the ROKWSM.  Accordingly, the ROKWSM should be added to his records at this time.

4.  Additionally, he served in Korea during a period in which his unit was awarded the ROKPUC.  Accordingly, he is entitled to have this award added to his records at this time.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart, ROKWSM, and ROKPUC to his DD Form 214

2.  The Board wants the applicant and all others to know 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)                                         AR20100024503



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ABCMR Record of Proceedings (cont)                                         AR20100024503



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