IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110010237 


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 the date of birth shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and award of the Purple Heart.

2.  He states his DD Form 214 does not list his correct date of birth and award of the Purple Heart for being wounded in Korea.  The information was not available at the time of his release from active duty.

3.  He provides copies of his birth certificate and 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.  His complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  He submits a copy of a certificate of birth from the Commonwealth of Puerto Rico that certified an individual with the same first, middle, and last name as his was born on 16 December 1927.

4.  The available evidence shows he was inducted into the Army of the United States on 18 January 1952.

5.  His available record contains a U.S. Army Surgeon General's Office Hospitalization File Listing (microfiche 050, page 231) and a hospital admission card for the year 1952 that shows he sustained a wound to his wrist as the direct result of action against or by an organized enemy on 28 November 1952 while serving in Korea.  The hospital admission card also shows he was hospitalized for 30-39 days.

6.  He was honorably released from active duty on 4 February 1954.  He completed 1 year, 9 months, and 13 days of net active service with 4 months and 11 days of foreign service.

7.  Item 10 (Date of Birth) of his DD Form 214 shows his birth date as 24 October 1927.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* United Nations Service Medal
* Korean Service Medal with one bronze service star
* Combat Infantryman Badge

9.  Item 29 (Wounds Received as a Result of Action with Enemy Action) of his DD Form 214 shows the entry "shrapnel fragment wound to left hand, 28 November 1952, Korea," which indicates he was wounded as a result of action with enemy forces.

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

11.  The Korean War casualty listing contains his name.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against the 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 medical treatment, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 also states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and the 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 available evidence shows the applicant was wounded as a result of hostile action in Korea on 28 November 1952, he received treatment by medical personnel, and the treatment was made a matter of official record.  Item 29 of his DD Form 214 also shows he was wounded as a result of enemy action; however, the Purple Heart medal is not shown.  Therefore, he is entitled to award of the Purple Heart and its addition to his DD Form 214.

2.  The available evidence shows he met the criteria for the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence he submitted is not sufficient to show an error exists or to change the date of birth shown on his DD Form 214.  For historical purposes, the Army has an interest in maintaining the consistency of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

4.  While his desire to have item 10 of his DD Form 214 changed to show the birth date he now uses is understood, it is not a basis for compromising the integrity of the Army's records.  A copy of this decisional document will be filed in his official military personnel file for reference purposes.

5.  In view of the foregoing, the applicant's records should be corrected as follows.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 
 
________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for being wounded as a result of enemy action in Korea on 28 November 1952 and

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

* Purple Heart
* Republic of Korea War Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting the date of birth shown in item 10 of his DD Form 214.



      _____________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)                                         AR20110010237



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ABCMR Record of Proceedings (cont)                                         AR20110010237



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