IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100026819 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show two awards of the Purple Heart.

2.  The applicant states the Purple Heart is not listed on his DD Form 214 although he was wounded two times while serving in Korea.  Item 29 (Wounds Received as a Result of Enemy Forces) of his DD Form 214 shows he was wounded, but he was wounded on 31 August 1950 which is verified by the newspaper clipping he provided.  He continued to serve in Korea until early 1951 when he received the "SIA" concussion noted on his DD Form 214.  He was sent to Japan for a long hospital stay and in April 1951 he began working at the base post office until he was shipped home in December 1952.

3.  The applicant provides his DD Form 214 and a newspaper clipping.

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 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.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 1 September 1949.

4.  His DD Form 214 further shows he was honorably released from active duty on 20 December 1952.  He completed a total of 3 years, 3 months, and 20 days of active service of which 2 years, 4 months, and 28 days were 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, United Nations Service Medal, Korean Service Medal with one bronze service star, and Army Good Conduct Medal.

6.  Item 29 of his DD Form 214 shows the entry "SIA Concussion, Korea, 18 September 1950."

7.  There is no indication in his reconstructed records to show he sustained a second wound/injury as a result of hostile action.

8.  His reconstructed records do not contain orders awarding him the Purple Heart.  Additionally, his medical records are not available for review with this case and his name is not shown in the Korean Casualty File.

9.  The applicant provides a newspaper clipping, undated, wherein it states the applicant was wounded in action in Korea on 31 August [1950].  

10.  Army Regulation 600-8-22 (Military Awards) provides that 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, and the medical treatment must have been made a matter of official record.



11.  A review of his records indicates entitlement to additional awards.

12.  Army Regulation 600-8-22 states 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action on 18 September 1950; therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  He served in Korea during a qualifying period for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his records to show these awards.

3.  With respect to a second award of the Purple Heart, notwithstanding the applicant's sincerity, there is no evidence in his available records that shows he was wounded or injured on a second occasion as a result of hostile action or treated for such wounds and that his treatment was made a matter of official record.  In the absence of conclusive evidence that shows he was wounded or injured on a second occasion, there is insufficient evidence upon which to base a second 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 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:

	a.  awarding him the Purple Heart for wounds received in action on 18 September 1950; and

	b.  adding to item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, and Republic of Korea War 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 a second award of the Purple Heart.



      ____________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)                                         AR20100026819



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ABCMR Record of Proceedings (cont)                                         AR20100026819



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