IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011140 


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.  He states, in effect, he was never put in for award of the Purple Heart for an injury he received in 1952.  At the time, he was told a colonel (COL) or above had to put him in for it.  In 2002, he found a medical record he was given in 1953 when he got out.  He states he is now 80 years old and he would like to receive the medal as soon as possible.

3.  He provides a Form 52b (Medical Department, U.S.A) and his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 Official Military Personnel File (OMPF) contains very few documents pertaining to his service in the 1950's.  This case is being considered based on the documentation he provides and his DA Form 2-1 (Personnel Qualification Record) prepared on 4 November 1988 and last reviewed by the applicant on 20 June 1993.

3.  The applicant enlisted in the Regular Army on 31 March 1952 for a period of
2 years.  He was honorably released from active duty on 30 March 1954 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  In 1970, he received a direct commission as a Dental Corps officer in the USAR.  He served in this capacity until he was placed on the Retired list in the rank/grade of colonel (COL)/O-6 on 4 July 1993.

4.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served with the 8th U.S. Army in Korea from July 1952 to January 1954.

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

* National Defense Service Medal
* Korean Service Medal with three bronze service stars
* United Nations Medal

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "NA."

7.  The applicant's available record is void of documentation showing he was awarded the Purple Heart.

8.  His record does not include medical records documenting treatment he received while serving in Korea.

9.  His name does not appear on the Korean War casualty listing.

10.  He provides a Form 52b that shows he was wounded in action on
14 December 1952 and received the following gunshot wounds:

* one to the right part of the chest
* two in the lower left side of the abdomen
* one in the lower right side of the abdomen

The form further shows bandages were applied to his wounds to stop the bleeding and he was given a 1/4 grain dose of morphine.  The form was signed by a Medical Corps officer.

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

12.  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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

13.  Army Regulation 600-8-22 includes the criteria for award of the United Nations Medal; however, Korea is not an area of eligibility for this award.

14.  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.

15.  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 27, enter decorations, etc., awarded or authorized as verified by the Soldier's records
* item 29, enter each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared and show both place of action and date, if known


DISCUSSION AND CONCLUSIONS:

1.  The Form 52b provided by the applicant shows he was wounded in action and received multiple gunshot wounds that required treatment by medical personnel and that his wounds were made a matter of official record.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  As a result of being wounded in action, his DD Form 214 should also be correct to show he was wounded in Korea on 14 December 1952.

3.  The record shows the United Nations Medal was entered on his DD Form 214; however, it should have instead reflected the United Nations Service Medal.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the United Nations Service Medal.

4.  He served a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected 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 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.  deleting from item 27 of his DD Form 214 the United Nations Medal;

	b.  deleting from item 29 of his DD Form 214 the entry "NA" and replacing it with the entry "Korea, 14 December 1952";

	c.  awarding him the Purple Heart for wounds received in action on
14 December 1952; and
	d.  adding to item 27 of his DD Form 214 the:

* Purple Heart
* Republic of Korea War Service Medal
* United Nations 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)                                         AR20110011140



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ABCMR Record of Proceedings (cont)                                         AR20110011140



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