IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110001716
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 in the Korean War. His friend rendered first aid and removed the piece of shrapnel from his hip. He did not report the wound because he did not want to leave Korea.
3. The applicant provides:
* a self-authored statement
* a partially illegible copy of 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 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. This case is being considered based on the limited records available to the Board.
3. The applicant served in the Regular Army from 25 August 1952 through
17 August 1955.
4. The applicant enlisted in the Regular Army for a period of 3 years. He was honorably released from active service and he was transferred to the Enlisted Reserve Corps to complete his remaining service obligation. Item 26 (Decorations, Medals, Badgers, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal
5. The following factors relate to the applicant's request for award of the Purple Heart:
* there are no service personnel records available
* there are no service medical records available
* there are no orders available awarding him the Purple Heart
* his name is not on the Korean casualty listing of wounded Soldiers
* he stated he did not report his wounding
6. 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.
7. Army Regulation 600-8-22 states the Republic of Korea War Service Medal 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 applicant requests award of the Purple Heart for wounds received in the Korean War.
2. Army Regulation 600-8-22 requires evidence to verify:
* the wound was the result of hostile action
* the wound required treatment by medical personnel
* the medical treatment was made a matter of official record
3. Unfortunately, the applicant's complete records are not available for review. The available limited records do not support awarding him the Purple Heart.
4. The applicant served during a qualifying period for entitlement to the Republic of Korea War Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
5. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA CMD administratively correct the applicant's DD Form 214 to add the 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) AR20110001716
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110001716
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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