IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015282
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal. In a telephone conversation with a Board analyst on 26 January 2012, he amended his application to delete the Bronze Star Medal and add the Purple Heart.
2. The applicant states, in effect, that he was wounded but the Purple Heart does not appear on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* a Honorable Discharge certificate, dated 26 September 1956
* a copy of the Bronze Star Medal with his name engraved on it
* a card from the Secretary of the Army
* a letter from the Veterans of Foreign Wars, dated 22 June 2011
* a letter from the Joint Services Records Research Center, dated 29 June 2011
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 20 October 1950. On 21 July 1952, the applicant was released from active duty after completing 1 year, 9 months, and 2 days of creditable active service.
4. Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the:
* Combat Infantryman Badge
* Korean Service Medal with 4 bronze service stars
* United Nations Service Medal.
5. Item 30 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "22 JUL 51 2ND AND 3RD DEGREE BURNS, RIGHT HAND."
6. There are no orders in the applicant's records that show he was awarded the Purple Heart; however, his name appears on the Korean Casualty Roster as being wounded on 22 July 1951. He was treated for his wounds and returned to duty.
7. The applicant's Army Medical Treatment Records are unavailable.
8. 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.
9. Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
10. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) 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.
DISCUSSION AND CONCLUSIONS:
1. There are no general orders awarding the applicant the Purple Heart; however, his name is listed on the Korean Casualty Roster and his DD Form 214 shows that he received 2nd and 3rd degree burn wounds to his right hand on 22 July 1951.
2. The above evidence is accepted as sufficient to show that the applicant was wounded as a result of hostile action. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 22 July 1951.
3. The applicant met the eligibility criteria for award of the National Defense Service Medal and the Republic of Korea War Service Medal. Therefore, his DD Form 214 should be amended to add 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:
a. by awarding him the Purple Heart for wounds sustained on 22 June 1951; and
b. by amending his DD Form 214 for the period ending 21 July 1952 to add:
* 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) AR20110015282
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015282
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100008338
There are no service personnel records for the applicant which show that he was awarded the Purple Heart. The evidence provided by the applicant is accepted as sufficient to show he is entitled to award of the Purple Heart for wounds sustained during hostile action on 19 December 1950 in Korea. 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 19 December...
ARMY | BCMR | CY2003 | 2003087097C070212
On 24 June 1971, the Office of The Adjutant General, issued a DA Form 1577, Authorization for Issuance of Awards, and authorized issuance of the following awards and decoration to the applicant: the Purple Heart with One Oak Leaf Cluster, the Army of Occupation Medal with Japan Clasp (this award already appears on the applicant's DD Form 214), the National Defense Service Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Republic of Korea...
ARMY | BCMR | CY2002 | 2002072108C070403
There are no records available to the Board which show the dates in which the applicant served during the Korean conflict. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214. The applicant's DD Form 214 shows the applicant was wounded twice as a result of hostile action in Korea.
ARMY | BCMR | CY2002 | 2002077450C070215
The applicant's Service Record shows that he was a POW in Korea from 11 February 1951 to 30 August 1953. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. b. by amending his DD Form 214, with an effective date of 28 February 1954, to show he was awarded the Purple Heart, the POW Medal, two awards of the Republic of Korea...
ARMY | BCMR | CY2011 | 20110015585
The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...
ARMY | BCMR | CY2014 | 20140007844
The applicant's complete military records are not available for review. Army Regulation 600-8-22 (Military Awards) provides: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be amended as follows: a. awarding him the Purple Heart for wound received on 17 October 1951; b. amending item 27 of his DD Form 214 to add the: * Purple Heart * Korean Service Medal with three bronze service stars * Republic of Korea War Service Medal * Republic...
ARMY | BCMR | CY2006 | 20060010170C070205
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. The applicant’s military records are not available to the Board for review. The medical evidence of record which shows the applicant was diagnosed with frostbite on 22 December 1950 in Korea and wounded as a result of hostile action on 24 April 1951 and on 26 June 1951 in Korea are accepted as sufficient evidence on which to base three...
ARMY | BCMR | CY2008 | 20080002719
The applicant's military records are not available for review. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. 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 sustained in action against a hostile force on 1 March 1950; and b. showing in a memorandum or other suitable document that his awards include the Purple Heart, National Defense...
ARMY | BCMR | CY2001 | 2001057185C070420
The applicant requests correction of his records to show award of the Korean Service Medal with four bronze service stars, the Meritorious Unit Emblem or Citation (currently known as the Meritorious Unit Commendation), the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Purple Heart, and the Bronze Star Medal. The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 19 November 1951, does not...
ARMY | BCMR | CY2007 | 20070017220
Counsel states that service medical records verify the applicant was wounded in action. The applicants military records are not available to the Board for review. 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 on 29 November 1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on 30 November 1950; b. adding the Purple Heart with First Oak Leaf...