IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100027534 


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.

2.  The applicant states he was wounded at the same time Sergeant Wilson was killed.  They were retreating from the Pusan perimeter and the records were in disarray.   

3.  The applicant provides copies on a VA Form 3101 (Veterans Administration Request for Army Information), Standard Form 88 (Report of Medical Examination), and his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 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 applicant enlisted in the Regular Army on 12 July 1948.  He completed training as an infantryman.  In July 1950 he completed retraining as a radio repairman.

4.  General Orders Number 502, 25th Infantry Division dated 22 December 1950 awarded the applicant the Bronze Star Medal with "V" Device for heroism in action on 22 September 1950.  The citation reads in part, "…Although wounded and suffering from shock Corporal [the applicant] administered first aid to his wounded comrades and then braved the heavy concentration of fire to carry them to a road from which they could be evacuated.  Corporal [the applicant's] dauntless courage and selfless devotion to the welfare of his comrades reflects great credit on himself…"

5.  Section 14 (Service Outside Continental United States) of his WD AGO 24A (Service Record) shows he left Japan on 12 July and arrived in Korea on 13 July 1950 and left Korea for Japan on 27 September 1950.  He again left Japan on  17 April 1951 and arrived in Korea on 19 April 1951.  He departed Korea on or about 28 September 1951, and he returned to the United States on 21 October 1951.

6.  However, Section 24 (Endorsements) seems to indicate he served in Korea with Headquarters and Headquarters Company, 35th Infantry Regiment from 8 July through 29 October 1950 when he was transferred to an "unknown" evacuation hospital.  He arrived at 361st Station Hospital in Japan on 15 November 1950.  It is noted that these endorsements were added a month or so after the actual event.

7.  On 14 April 1952 the applicant was separated with an honorable discharge as a sergeant.  His awards included the Army of Occupation Medal (Japan), Combat Infantryman Badge, Korean Service Medal with four bronze service stars, Good Conduct Medal, and one Overseas Service Bar.   

8.  A 2 October 1991 a DD Form 215 (Correction to DD Form 214) added the Bronze Star Medal with "V" Device, Presidential Unit Citation, National Defense Service Medal, and the United Nations Service Medal to the applicant's authorized awards. 

9.  A health record research project commonly referred to as the "SGO Files" involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veteran service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  Searches of these files show that the applicant was admitted to a hospital on 27 September 1950; however, the discharge diagnosis was recorded as infectious encephalitis.

10.  An October 1952 VA Form 3101 seeking information for a disability compensation claim indicates a shrapnel wound to the right wrist but fails to clarify the date or location of the treatment involved.  

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

12.  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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The citation for the applicant's Bronze Star Medal with "V" device clearly shows that, on 22 September 1950, the applicant was "wounded and suffering from shock."  The actual medical treatment records are not available and the information that is available is somewhat contradictory. 

2.  Nevertheless, there are indications that he was treated for the combat wound, but his subsequent bout with infectious encephalitis obscures that medical event.  The benefit of the doubt should be resolved by awarding him the Purple Heart.

3.  The applicant also met the eligibility criteria for award of the ROKWSM, and this award should be added to his DD Form 214.

4.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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.  awarding him the Purple Heart for wounds sustained on 22 September 1950, and 
   
   b.  adding the Purple Heart and the Republic of Korea War Service Medal to his DD Form 214.




      _______ _   _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)                                         AR20100027534





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ABCMR Record of Proceedings (cont)                                         AR20100027534



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