IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110014009 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his award of the Purple Heart.

2.  The applicant states he was wounded in action in Korea on 25 May 1951.

3.  The applicant provides his DD Form 214 and a certificate showing award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 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 complete 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, 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's DD Form 214 shows he enlisted in the Regular Army on 1 June 1949.  This form also shows he held military occupational specialty 3795 (Tractor Operator) at the time of his separation and his most significant duty assignment (i.e., his last duty assignment) was with the Tank Company,
14th Infantry Regiment.

4.  His DD Form 214 further shows he completed 3 years, 5 months, and 13 days of creditable active military service, including 1 year, 4 months, and 17 days of foreign service.  He was honorably discharged from active service on
13 November 1952 at the expiration of his term of service.

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

* Army Good Conduct Medal
* Korean Service Medal with seven bronze service stars
* United Nations Service Medal

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "Korea - 25 May 51."

7.  The information from the hospital admissions cards created by the Office of the Surgeon General (OTSG) for the year 1951 confirms he was wounded on
25 May 1951 as a result of enemy action.

8.  He provides a Purple Heart Certificate, dated 30 January 1966, that shows he was awarded the Purple Heart for wounds received in action in Korea on 25 May 1951.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	 b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	c.  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.

	d.  Service stars are worn on campaign and service medals to denote participation in a named campaign (for example Korean Service Medal).  The service star is a bronze or silver five-pointed star.  A silver service star is worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 clearly shows he was wounded in action on 25 May 1951 in Korea.  This injury is further confirmed with the information compiled by the OTSG and the Purple Heart Certificate he provides.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He served a qualifying period of service for entitlement to the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant's DD Form 214 show the Korean Service Medal with 7 bronze service stars.  However, a silver service star will be worn in lieu of five bronze service stars.  Therefore, his DD Form 214 should be administratively corrected to show the Korean Service Medal with one silver service star and two bronze service stars.

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.  deleting from item 27 of his DD Form 214 the Korean Service Medal with
7 bronze service stars, and

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

* Purple Heart
* National Defense Service Medal
* Korean Service Medal with one silver service star and two bronze service stars
* 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)                                         AR20110014009



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ABCMR Record of Proceedings (cont)                                         AR20110014009



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