IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000792
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. He states he was never issued a Purple Heart even though he received a gunshot wound to the right side of his chest on 24 October 1950 from hostile fire in Korea. His DD Form 214 (Report of Separation from the Armed Forces of the United States) indicates his gunshot wound to his chest in item 29 (Wounds Received as a Result of Action with Enemy Forces), but a Purple Heart was never issued.
3. He provides 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 that the applicants 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. His DD Form 214 shows he enlisted in the Regular Army on 19 May 1949. He served in Korea and completed 5 months of foreign service.
4. Item 29 of his DD Form 214 shows he sustained a gunshot wound to his right side on 24 October 1950.
5. He was honorably discharged on 5 August 1952. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and the Republic of Korea Presidential Unit Citation.
6. His name is not listed on the Korean casualty roster. His reconstructed record does not include orders awarding him the Purple Heart.
7. References:
a. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.
b. 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.
c. 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.
d. Army Regulation 600-8-22 states the United Nations Service Medal 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants reconstructed record does not include orders which authorize him award of the Purple Heart. However, his DD Form 214 shows he sustained a gunshot wound to his right side on 24 October 1950. Therefore, this evidence is accepted as a sufficient basis to award him the Purple Heart and to correct his DD Form 214 to show this award.
2. He completed a period of honorable service from 19 May 1949 through 5 August 1952 and was serving in Korea when he was wounded on 24 October 1950. Therefore, he served a period of qualifying service for award of the ROKWSM and the National Defense Service Medal.
3. His DD Form 214 shows he was awarded the Korean Service Medal; therefore, he is eligible for award of the United Nations Service Medal and correction of his DD Form 214 to show this award.
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 received in action on 24 October 1950;
b. amending item 27 of his DD Form 214 by adding the Purple Heart, Republic of Korea War Service Medal, National Defense Service Medal, and United Nations Service Medal.
_______ _ _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.
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