IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110006568
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 he was wounded by shrapnel while going up the back side of a hill in Korea on 7 July 1953. He was initially treated at a field hospital and later in Japan for injuries to his right ankle, right leg, and right arm.
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 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 complete 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 his 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's DD Form 214 shows he enlisted in the Regular Army on 4 February 1952. This form also shows he held military occupational specialty 1745 (Light Weapons Infantry) at the time of his separation and his most significant duty assignment (i.e., his last duty assignment) was with Company B, 17th Infantry Regiment.
4. His DD Form 214 further shows he completed 1 year, 11 months, and 9 days of creditable active military service of which 9 months and 6 days was foreign service. He was released from active duty in the rank/grade of private first class/
E-3 on 12 January 1954.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with two bronze service stars, United Nations Service Medal, National Defense Service Medal, and Combat Infantryman Badge.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "fragment, right upper arm, left lower leg, 7 July 1953."
7. The information from the hospital admissions card created by the Office of the Surgeon General (OTSG) for the year 1953 confirms he was wounded on 7 July 1953 as a result of enemy action. He sustained injuries to the lower extremities caused by missile, rocket, or mortar fire.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.
9. A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.
10. 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 clearly shows he was wounded in action on 7 July 1953 in Korea. This injury is further confirmed with the information compiled by OTSG. Therefore, he should be awarded the Purple Heart and have his records corrected to show it.
2. He served a qualifying period of service for award of the Republic of Korea War Service Medal which is not shown on his DD Form 214; therefore, he is entitled to 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 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:
* awarding him the Purple Heart for wounds received in action on 7 July 1953
* adding to his DD Form 214 the Purple Heart and 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) AR20110006568
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ABCMR Record of Proceedings (cont) AR20110006568
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