IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009364
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 that he was wounded in combat by shrapnel in October 1952 in Korea and he was not awarded the Purple Heart.
3. The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 16 October 1953 and a Department of Veterans Affairs (DVA) Rating Decision, dated 22 June 2000.
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 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 that his records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214, National Archives and Records Administration (NARA) Korean War Casualty File record display, and a DVA Rating Decision.
3. The applicant was inducted into the Army of the United States on
19 November 1951.
4. The NARA Korean War Casualty File shows that on 25 October 1952 he was admitted to the hospital for treatment of injuries he received in combat. He returned to duty on 2 November 1952.
5. On 16 October 1953, he was honorably released from active duty.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 for the period ending 16 October 1953 shows the entry "NONE." Item 26 (Foreign and/or Sea Service) shows the entry Years 1 Months 2 and Days 8. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized or Awarded) shows:
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge
* National Defense Service Medal
7. The applicant's Army medical treatment records are unavailable.
8. Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served
in Korea and adjacent waters between 25 June 1950 and 27 July 1954. The service prescribed must have been performed as follows:
a. while on permanent assignment;
b. while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or
c. while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. There are no service personnel records for the applicant which show that he was awarded the Purple Heart. However, the NARA Korean War Casualty File record display shows he was injured in action by enemy action on 25 October 1952 and he was treated for his wounds. The evidence is accepted as sufficient to show he is entitled to award of the Purple Heart for injuries sustained during hostile action on 25 October 1952 in Korea.
2. The applicant met the eligibility criteria for award of the ROKWSM. Therefore, his DD Form 214 for the period ending 26 February 1955 should be amended to add this award.
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:
a. awarding him the Purple Heart for injuries received in action on 25 October 1952;
b. amending item 27 of his DD Form 214 for the period ending 16 October 1953 to add:
* Purple Heart
* 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) AR20110009364
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ABCMR Record of Proceedings (cont) AR20110009364
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