Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120004537
Original file (20120004537.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  30 August 2012

		DOCKET NUMBER:  AR20120004537 


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) by adding two awards of the Purple Heart.

2.  The applicant states he was discharged in 1952 and the Purple Heart and Purple Heart with 1st Oak Leaf Cluster were not awarded until 20 July 1958.

3.  The applicant provides copies of his Purple Heart Certificates and 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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 8 December 1950.  He completed training and was transferred to Korea.  He was promoted to the rank of corporal on 16 September 1951.  After serving 8 months and 13 days of foreign service, he returned to Camp Roberts, California, where he was honorably released from active duty on 8 September 1952.

4.  His DD Form 214 shows he was awarded the Combat Infantryman Badge and Korean Service Medal with three bronze service stars.  It also shows he was wounded on 25 October 1951 in Korea.

5.  The Purple Heart Certificates provided by the applicant show he was awarded the Purple Heart and the Purple Heart with 1st Oak Leaf Cluster on 28 July 1958 for wounds received in Korea on 13 July and 25 October 1951.

6.  A search of orders for award of the Purple Heart proved futile; however, his name is contained on the Korean War casualty listing as being wounded on 25 October 1951.

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) 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.

8.  Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) 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.

9.  Army Regulation 600-8-22 states 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.  The service must have been performed, in part, while on permanent assignment 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.  Although the records do not contain and the applicant has not provided orders awarding him the Purple Heart, his DD Form 214 clearly shows he was wounded in Korea on 25 October 1951.  It is reasonable to presume that he was, in fact, awarded the Purple Heart with 1st Oak Leaf Cluster for wounds received in action on 25 October 1951 as shown on the certificate he provides.  Therefore, he is entitled to have those awards added to his DD Form 214.

2.  Additionally, the applicant served during qualifying periods for awards of the NDSM, UNSM, and ROKWSM.  Accordingly, he is entitled to have them added to his DD Form 214.

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 adding award of the Purple Heart with 1st Oak Leaf Cluster, NDSM, UNSM, and ROKWSM to his DD Form 214.



      __________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)                                         AR20120004537



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004537



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140015279

    Original file (20140015279.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states 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. However, there is no evidence to show his unit was awarded two NPUCs during the period he served with the unit. Additionally, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he qualifies for award of the Purple Heart.

  • ARMY | BCMR | CY2011 | 20110005580

    Original file (20110005580.txt) Auto-classification: Approved

    The applicant requests reconsideration of his application for correction of his record to show he was awarded the Bronze Star Medal (BSM). Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 January 1950 shows the: * Army of Occupation Medal * World War II Victory Medal * "American Theater of Operations" * European African...

  • ARMY | BCMR | CY2008 | 20080019324

    Original file (20080019324.txt) Auto-classification: Approved

    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 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart with first oak leaf cluster, for wounds received as a result of hostile action in Korea on 26 June 1951 and 13 October 1951; b....

  • ARMY | BCMR | CY2008 | 20080017028

    Original file (20080017028.txt) Auto-classification: Approved

    He also states that he was wounded in Korea in combat and that he has the Purple Heart medal at his residence but it is not listed on his discharge. The applicant’s 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 in action on 22 September 1950 in Korea; b. awarding him the Purple Heart with first oak leaf...

  • ARMY | BCMR | CY2012 | 20120012567

    Original file (20120012567.txt) Auto-classification: Approved

    The applicant requests that he be awarded the Army Good Conduct Medal (AGCM) and that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show award of the Purple Heart Oak Leaf Cluster (1OLC). Army Regulation 600-8-22 states 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. _______ _ __X_____ ___ CHAIRPERSON I certify...

  • ARMY | BCMR | CY2008 | 20080005007

    Original file (20080005007.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show he was awarded two Purple Hearts. The applicant's DD Form 214 for the period ending 31 July 1986 shows he was awarded Army of Occupation Medal (Germany), the Army Commendation Medal, the Combat Infantryman Badge, the National Defense Service Medal 1st Oak Leaf Cluster, the Legion of Merit, the Purple Heart, and the Armed Forces Reserve Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the...

  • ARMY | BCMR | CY2012 | 20120005577

    Original file (20120005577.txt) Auto-classification: Approved

    The applicant provides: * FSM's death certificate * DD Form 214 for the period ending 22 June 1959 * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 10 October 1950 * DD Forms 215 (Correction to DD Form 214), dated 2 July 2004 and 3 September 2004 * Four award certificates for the Purple Heart * Permanent orders 108-01, dated 18 April 1995 * Numerous newspaper articles * Two photographs * DA Form 24 (Service Record) * Service personnel...

  • ARMY | BCMR | CY2010 | 20100023220

    Original file (20100023220.txt) Auto-classification: Approved

    The evidence of record shows he served a period of qualifying service for award of the NDSM and is entitled to the UNSM based on award of the Korean Service Medal. The evidence of record shows he served a period of qualifying service for award of the ROKWSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received in action on 22 April 1951 in Korea * amending item 27 of his DD...

  • ARMY | BCMR | CY2007 | 20070011162C080213

    Original file (20070011162C080213.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 January 2008 DOCKET NUMBER: AR20070011162 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s 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. amending his DD...

  • ARMY | BCMR | CY2010 | 20100025398

    Original file (20100025398.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states 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. Accordingly, those awards should be awarded and added to his records at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the Purple Heart for wounds received in action in Korea on 9 August...