IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000811
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 his award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart but this medal is not listed on his discharge papers.
3. The applicant 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. The applicant was inducted into the Army of the United States on 12 October 1950. He served as an infantryman in Korea and he was honorably released from active duty on 11 July 1952.
4. The DD Form 214 the applicant was issued shows in:
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Combat Infantryman Badge and Korean Service Medal with two bronze service stars
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "GSW [gunshot wound], PEN [penetrating] RT [right] SHOULDER 20 SEP 51 - KOREA"
5. There are no orders for the Purple Heart in the available record.
6. The Korean Casualty File shows he was wounded on 20 September 1951.
7. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 20 September 1951 in Korea for a penetrating wound to his right shoulder and lung as a direct result of action by an organized enemy. The causative agent was a bullet from small arms or machine gun.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 military personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.
10. Army Regulation 600-8-22 provides, in pertinent part, that 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.
11. 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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The entries in item 29 of his DD Form 214, the Korean Casualty File, and the Office of the Surgeon General Hospital List which show the applicant was wounded as a result of hostile action on 20 September 1951 in Korea are accepted as sufficient evidence in which to add the Purple Heart to his DD Form 214.
2. Based on award of the Korean Service Medal, he is entitled to the United Nations Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
3. The applicant served a period of qualifying service for 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 adding to item 27 of his DD Form 214 the:
* Purple Heart
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War 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.
ABCMR Record of Proceedings (cont) AR20110000811
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ABCMR Record of Proceedings (cont) AR20110000811
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