IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110017704
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 award of the Purple Heart.
2. He states he never got a copy of a DD Form 215 (Correction of DD Form 214) showing the Purple Heart medal he earned.
3. He provides 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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he reenlisted in the Regular Army on 13 June 1952 for a period of 6 years. He completed 4 years and 1 day of other service (a DD Form 214 for his prior service is not available). He served in Korea and Germany and completed 1 year, 7 months, and 8 days of foreign service.
4. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry None.
5. He was honorably discharged on 1 April 1954. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Army of Occupation Medal (Germany) and National Defense Service Medal.
6. His name is listed on the Korean Casualty Roster and shows he was wounded on 5 September 1950. His reconstructed record does not include orders awarding him the Purple Heart.
7. References:
a. Army Regulation 600-8-22 (Military Awards) provides that 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.
b. Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants reconstructed record does not include orders which authorize him award of the Purple Heart. However, his name is listed on the Korean Casualty Roster and shows he sustained wounds on 5 September 1950, which is prior to the date covered by his DD Form 214. Therefore, this evidence is accepted as a sufficient basis to award him the Purple Heart. As an exception to policy, his DD Form 214 should be corrected to show this decoration.
2. Based on paragraph 1, above, he was wounded in action on 5 September 1950, while in Korea. Therefore, he is eligible for award of the Korean Service Medal.
3. Additionally, he is eligible for award of the United Nations Service Medal based on his award of the Korean Service Medal and correction of his DD Form 214 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. awarding him the Purple Heart for wounds received in action on 5 September 1950; and
b. amending item 27 of his DD Form 214 by adding the Purple Heart, Korean Service Medal, and 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) AR20110017704
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ABCMR Record of Proceedings (cont) AR20110017704
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