BOARD DATE:	 2 February 2012

		DOCKET NUMBER:  AR20110013199 


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 the Silver Star be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also requests award of the Purple Heart for being wounded in Korea.

2.  The applicant states:

* He was awarded the Silver Star in Korea
* His unit sent the information pertaining to his Silver Star to the Honolulu newspaper when he was in the hospital recuperating from his combat wounds
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Silver Star
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows he received a gunshot wound to his left palm in Korea on 14 August 1950  

3.  The applicant provides:

* Three DD Forms 149 (Application for Correction of Military Records), dated 21 June 2011, 23 July 2011, and 23 October 2011
* Two newspaper articles
* Certification of Military Service


* Honorable Discharge Certificate
* a self-authored letter to the Veterans Administration, dated 25 November 1952
* DD Form 214
* an undated The Mayor and Board of Supervisors of the City and County of Honolulu Resolution

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 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 the applicant’s 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 enlisted in the Regular Army on 17 November 1949 for a period of 3 years.  He served as an infantryman in Korea and he was honorably released from active duty on 19 November 1952.

4.  The DD Form 214 he was issued at the time shows in:

	a.  item 27 the:

* Combat Infantryman Badge
* Korean Service Medal with one silver service star
* United Nations Service Medal
* One Overseas Service Bar


	b.  item 29 the entry "Gund [sic] Shot Wound lt [left] Palm Korea 14 Aug 50"

5.  Orders, dated 28 June 1951, show he received the Silver Star.

6.  There are no orders for the Purple Heart in the available record.  

7.  The Korean Casualty File shows he was seriously wounded in action on
14 August 1950 in the South Korea sector.

8.  He provided newspaper articles that state he was wounded in action on 
14 August 1950 and that he earned the Silver Star medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 states 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.

11.  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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

12.  Army Regulation 600-8-22, paragraph 5-9, contains the regulatory guidance on the Korean Service Medal.  It states that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Silver Star.  His DD Form 214 should be corrected to show this medal.



2.  The entries in item 29 of his DD Form 214 and the Korean Casualty File which show the applicant was wounded as a result of hostile action on 14 August 1950 in Korea are accepted as sufficient evidence in which to award him the Purple Heart and to correct his DD Form 214 to show this award.

3.  He served a period of qualifying service for entitlement to the National Defense Service Medal and Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

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 wounds received in action as a result of hostile action on 14 August 1950, and

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

* Silver Star
* 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)                                         AR20110013199



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ABCMR Record of Proceedings (cont)                                         AR20110013199



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