BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110011292
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 item 27 of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to add the Purple Heart.
2. The applicant states:
* on 1 September 1951, he was wounded in Hwacheon, Korea
* the Purple Heart was omitted from his DD Form 214
* he needs the Purple Heart listed on his DD Form 214 in order to have it shown on his grave marker provided by the government
3. The applicant provides a copy of 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 DD Form 214 shows in:
a. item 1 (Character of Separation) "Honorable";
b. item 6 (Effective Date of Separation) "10 October 1952";
c. item 15 (Inducted) that he was inducted into the Army of the United States on 10 January 1951;
d. item 26 (Foreign and/or Sea Service) "0 years, 11 months, and 0 days";
e. item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the United Nations Service Medal, Combat Infantryman Badge, and Korean Service Medal with one bronze service star; item 27 does not show award of the Purple Heart; and
f. item 29 (Wounds Received as a Result of Action with Enemy Forces) "Hwachewn [sic], 1 September 1951, Korea";
3. The applicant's name appears in the Korean Casualty File. Additionally, information from the Hospital Admission Cards created by the Office of the Surgeon General for the year 1951 shows the applicant received multiple injuries on 1 September 1951 as a direct result of action against or by an organized enemy. Further, he was hospitalized for 48 days due to his injuries.
4. The applicant is entitled to the following additional awards:
* National Defense Service Medal based on his honorable service for the period 10 January 1951 through 10 October 1952
* Republic of Korea War Service Medal for his service in Korea and/or adjacent waters between 25 June 1950 and 27 July 1953
5. 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 medical treatment, and the medical treatment must have been made a matter of official record.
6. Army Regulation 600-8-22 provides that 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.
7. 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 request for correction of his DD Form 214 to show award of the Purple Heart was carefully considered and determined to have merit.
2. The evidence shows the applicant sustained injuries in action against an enemy as a result of hostile action. His injuries required treatment by medical personnel and the medical treatment was 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.
3. The evidence shows the applicant served a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this service medal.
4. The evidence shows the applicant served a qualifying period of service for award of the Republic of Korea War Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this service medal.
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 1 September 1951 and
b. adding the following to item 27 of his DD Form 214:
* Purple Heart
* National Defense Service Medal
* 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) AR20110011292
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ABCMR Record of Proceedings (cont) AR20110011292
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