IN THE CASE OF:	

		BOARD DATE:	10 May 2011

		DOCKET NUMBER:  AR20100027241 


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her deceased husband, a former service member (FSM), be corrected to show he was wounded in action and received the Purple Heart.

2.  The applicant states she received a letter and the Purple Heart medal from the commander of the Tokyo Army Hospital after her husband was issued the Purple Heart for phosphorus grenade and shrapnel wounds.

3.  The applicant provides copies of the FSM's Certificate of Death, the general orders awarding the FSM the Purple Heart, a letter from the commander of the Tokyo Army Hospital with a photograph, a newspaper article about her husband returning home for leave, and his DD Form 214. 

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 FSM's military records are not available 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, sufficient information is available to render a full and impartial review.

3.  The available evidence shows the FSM was inducted into the Army on 
11 June 1952.

4.  The FSM was assigned to Company B, 15th Infantry Regiment, 3d Infantry Division, Korea when he was wounded in action on 12 June 1953.  

5.  The applicant provided an article from a local newspaper that reported the FSM was sent to Korea on 19 October 1952 and was badly burned in action and flown to the army hospital in Tokyo for treatment of phosphorous wounds on     23 June 1953.  

6.  Available medical records show the FSM was sent to the Tokyo Army Hospital where he had surgery to amputate one of his fingers on 6 July 1953.  He was subsequently admitted to the U.S. Army Hospital at Camp Atterbury, IN, on 
12 November 1953, for treatment of his hand and 3d degree white phosphorous burns.

7.  On 10 March 1954, he was released from active duty.  He had completed 
1 year and 9 months of net active service for pay purposes including 10 months and 1 day of foreign and/or sea service.  

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 lists his awards as the United Nations Service Medal, Korean Service Medal with one bronze service star, and the Combat Infantryman Badge.

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows "None."



10.  The Korean Casualty file shows he was seriously wounded in action on
12 June 1953 in the North Korea Sector. 

11.  General Orders Number 61, Headquarters, Tokyo Army Hospital, 8059th Army Unit, dated 20 June 1953, awarded him the Purple Heart for wounds received in action on 12 June 1953.

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

     a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and
11 September 2001 to a date to be determined.  

     b.  In Appendix B, based on the applicant's dates of service in the Republic of Korea, he participated in the following three campaigns: Korean Summer-Fall 1952, Third Korean Winter, and Korea Summer 1953.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

     c.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the FSM's DD Form 214 be corrected to show award of the Purple Heart.

2.  The FSM was awarded the Purple Heart for wounds received in action in North Korea on 12 June 1953.  Therefore, his DD Form 214 should be corrected. 

3.  Records show the applicant participated in three campaigns during his service in the Republic of Korea.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Korean Service Medal.

4.  The applicant served on active duty during a qualifying period for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.



BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  deleting from his DD Form 214 the Korean Service Medal with one bronze campaign star;

	b.  adding the following awards to his DD Form 214:  the Purple Heart, Korean Service Medal with three bronze service stars, National Defense Service Medal, and the Republic of Korea War Service Medal; and

	c.  showing in Item 29 of his DD Form 214:  "Phosphorous burns and shrapnel wounds, 12 June 1953, North Korea."




      _______ _   __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)                                         AR20100013894



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ABCMR Record of Proceedings (cont)                                         AR20100027241



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