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
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