BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100025398 


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 he be awarded the Purple Heart.

2.  The applicant states that he received shell fragment wounds to the right thigh while assigned to Company G, 38th Infantry Regiment, 2d Infantry Division in Korea and was never awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a copy of his Department of Veterans Affairs (VA) Rating Decision.

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 enlisted in the Regular Army on 15 October 1947 for a period of 4 years.  He completed his training and he was promoted to the rank of corporal on 1 December 1949.

4.  The applicant's Surgeon General Hospitalization File shows he was transferred to Korea for assignment to Company G, 1st Battalion 38th Infantry Regiment and on 9 August 1951 he was wounded in action and sustained fragment wounds to the thigh.  He was treated and returned to duty. 

5.  On 16 October 1951 he was honorably discharged at Fort Carson, Colorado due to the expiration of his term of service (ETS).  His DD Form 214 issued at the time of his discharge shows that he was awarded the Good Conduct Medal, the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge and the Meritorious Unit Commendation.

6.  In block 29 of his DD Form 214 under “Wounds Received as a Result of Action with Enemy Forces” is the entry “None”.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  
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 should be awarded the Purple Heart and it should be added to his records has been noted and appears to have merit.  His available evidence clearly shows he was wounded in action in Korea on 9 August 1951 and that treatment was rendered by medical personnel. 

2.  Accordingly, he is entitled to be awarded the Purple Heart at this time and to have it added to his records.

3.  The evidence of record also shows he served during a qualifying period for awards of the NDSM the UNSM, the ROKWSM and the ROKPUC.  Accordingly, those awards should be awarded and 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 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:
* Awarding him the Purple Heart for wounds received in action in Korea on 9 August 1951 while serving in the rank of corporal (CPL) and adding it to his DD Form 214.
* Awarding him the NDSM, the UNSM, the ROKWSM and the ROKPUC and adding them to his DD Form 214.

2.  The Board wants the applicant and all others to know that 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)                                         AR20100025398





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ABCMR Record of Proceedings (cont)                                         AR20100025398



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