BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004716 


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 award of the Purple Heart. 

2.  The applicant states, in effect, the Department of Veterans Affairs (VA) told him his DD Form 214 needs to be corrected.

3.  The applicant provides:

* his DD Form 214
* his Honorable Discharge Certificate
* letter orders awarding him the Purple Heart

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.  His military service 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 his records may have been lost or destroyed in that fire.  The only documents available in this case were submitted by him.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 9 October 1950.  He completed 9 months foreign and/or sea service.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) indicates he was awarded or is authorized the:

* Combat Infantryman Badge
* Korean Service Medal with 2 bronze service stars
* Distinguished Unit Citation
* United Nations Service Medal

5.  Item 27 also contains the following handwritten entry "P.H."

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "Two (2) wounds Sept 1951 Korea."

7.  On 18 July 1952, he was released from active duty.  He completed 1 year, 
9 months, and 10 days of active service that was characterized as honorable.

8.  Office of the Adjutant General, U.S. Army Records Center, St. Louis, MO Letter Orders, dated 21 July 1958, awarded him the Purple Heart for wounds received in action against the enemy in Korea, on 20 September 1951, while assigned to the 23rd Infantry Regiment.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for the Korean War.  This document shows the 23rd Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for the period 16 September 1950 to 
26 October 1953.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instruction concerning individual and unit military awards.

	a.  The National Defense Service Medal was awarded for honorable active service for any period from 27 July 1950 through 27 July 1954.  
	b.  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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	c.  Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Qualifying service is defined as being on permanent assignment, on temporary duty for 
30 consecutive days or 60 nonconsecutive days, or inactive combat against the enemy under conditions other than those previously mentioned provided a combat decoration has been awarded or an individual certificate by the command of an independent force, a division ship, an air group, or comparable or higher unit, testifying to such combat credit.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 indicates he received two wounds in September 1951 in Korea and he provided orders showing he was awarded the Purple Heart for wounds received on 20 September 1951.  Therefore, the available evidence is appropriate to correct his DD Form 214 to show award of the Purple Heart.

2.  He served between 27 June 1950 and 27 July 1954.  Therefore, he is authorized the National Defense Service Medal and his DD Form 214 should be corrected to show this medal.

3.  According to the orders awarding him the Purple Heart, he was assigned to the 23rd Infantry Regiment when he was wounded on 20 September 1951.  He was also assigned to the 23rd Infantry Regiment during the period the unit was awarded the Republic of Korea Presidential Unit Citation.  Therefore, this unit award should be added to his DD Form 214.

4.  Award of the Korea Service Medal shows he met the service requirements for award of the Republic of Korea - Korean War Service Medal.  Therefore, the applicant is entitled to the Republic of Korea - Korean War Service Medal and this medal should also be added to his DD Form 214.






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 and item 27 of his DD Form 214 be amended to include the:

* Purple Heart
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation
* Republic of Korea - Korean 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)                                         AR20110004716



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ABCMR Record of Proceedings (cont)                                         AR20110004716



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