IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005962 


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.  He states the Army failed to list the Purple Heart on his DD Form 214.

3.  He provides:

* a WD AGO Form 8-33 (Clinical Record Brief), dated 6 July 1951
* a WD AGO Form 8-34 (Abbreviated Clinical Record), dated in July 1951
* a Standard Form (SF) 516 (Clinical Record - Operation Report), dated
13 July 1951
* a WD AGO Form 55A (Clinical Record Brief), dated 7 August 1951
* page 1 of an SF 88 (Report of Medical Examination), dated 14 September 1951
* a WD AGO For 284 (Request for Clinical Records), dated 2 January 1952

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 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 his Army records were lost or destroyed in that fire.  However, the reconstructed records contain sufficient documentation with documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His record shows he was ordered to active duty from the Enlisted Reserve Corps (ERC) and he entered active duty on 21 October 1950.

4.  His record contains a copy of two Western Union telegrams, dated 20 June 1951 and 1 July 1951, respectively.  The telegrams informed his parents that he had been being seriously wounded in action in Korea on 2 June and again on
1 July 1951 after returning to duty on 20 June 1951 from his previous wound.

5.  His record also contains a U.S. Army Surgeon General Office Hospitalization File Listing (microfiche 030, page 166), created by the Office of The Surgeon General and a hospital admission card for the year 1951 that shows while serving in Korea he sustained a head wound on 1 June 1951 and wounds to the abdomen and abdominal wall and pelvis on 1 July 1951 as the direct result of action against or by an organized enemy on both dates.  The hospital admission card also shows he was hospitalized for 10-14 days in June 1951 and for 60-69 days in July 1951.

6.  He provided copies of medical documentation that show he was wounded in action by enemy small arms fire in Korea on 1 July 1951, he was hospitalized, and he received medical treatment.

7.  He was honorably released from active duty on 15 September 1951 and he was transferred to the ERC.  He completed 10 months and 24 days of net active service this period with no time lost.  He was also credited with completing 8 months and 7 days of foreign service.  The DD Form 214 he was issued at the time shows in:
* 
Item 27 (Decorations, Medals, Badges, Commendations, Campaign Ribbons Awarded or Authorized) the:

* Combat Infantryman Badge
* Korean Service Medal with three bronze service stars

* Item 28 (Most Significant Duty Assignment) the entry "Company L, 3rd Infantry Division"
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry “None”

8.  There are no orders in his available service personnel records that show he was awarded the Purple Heart.

9.  Review of the Korean Casualty File shows the applicant's name is listed twice as a casualty, on 2 June 1951 and 1 July 1951.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the 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, and the medical treatment must have been made a matter of official record.  For each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.

11.  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.

12.  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.

13.  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.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 29, enter chronologically each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared.  Show both place of action and date.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant was wounded as a result of enemy action on 2 June and 1 July 1951 while serving in Korea.  The evidence also confirms he received treatment by medical personnel and the incidents were made a matter of official record.  Therefore, he is entitled to two awards of the Purple Heart for wounds received in action in Korea on 2 June 1951 and 1 July 1951 and correction of his DD Form 214 accordingly.

2.  The available evidence further shows he served a qualifying period of service for entitlement to the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  In view of the foregoing, his DD Form 214 should be corrected 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 the evidence presented is 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 2 June 1951 and on 1 July 1951;

	b.  adding to item 27 of his DD Form 214 the:

* Purple Heart (2nd Award)
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal

	c.  deleting from item 29 of his DD Form 214 the entry "None" and replacing it with the entry:

* Korea, 2 June 1951
* Korea, 1 July 1951



      ____________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)                                         AR20110005962



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005962



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1