IN THE CASE OF:	  

		BOARD DATE:  11 September 2012

		DOCKET NUMBER:  AR20120005959 


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 award of the Purple Heart (PH).

2.  The applicant states he sustained injuries while on active duty in Korea and received a shrapnel wound to his right shoulder in 1953.

3.  The applicant provides the following:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Standard Form (SF) 88 (Report of Medical Examination) 
* Letter from the State of New York, Division of Veterans Affairs (VA) 

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records which primarily consists of the applicant's DD Form 214. 

3.  His reconstructed records contain a copy of his Certification of Military Service, issued on 25 January 2006, which shows he was a member of the Army of the United States from 14 October 1949 to 3 May 1955.  He was honorably discharged in the rank and pay grade of corporal/E-4. 

4.  The applicant's DD Form 214 shows he reenlisted in the Regular Army on 4 May 1955.  He held and served in military occupational specialty (MOS) 711 (Clerk Typist).

5.  Item 26 (Foreign and/or Sea Service) of his DD Form 214 shows he completed 8 months and 22 days of foreign service, and item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "None."  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None."  

6.  The applicant’s DD Form 214 shows he completed 11 months of total active service and he was honorably discharged on 3 April 1956, in the rank and pay grade of sergeant/E-5.

7.  The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which shows that he was wounded in action on 6 April 1953, while serving in Korea, and his name appears on the Korean War Casualty File for a wound received on 6 April 1953.  

8.  The applicant submitted a copy of his SF 88, dated 2 April 1956, which shows he received a shrapnel wound to his right shoulder in April 1953.

9.  The applicant submitted a copy of a letter from the New York Division of Veterans Affairs to the Adjutant General’s office, dated 3 December 1957, which indicated in summary that the applicant was requesting assistance in obtaining a discharge for his service during the period 4 October 1949 to 4 May 1955.


10.  Army Regulation 600-8-22 (Military Awards) provides that the PH 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

11.  Army Regulation 600-8-22 states the Korean Service Medal (KSM) is awarded to members of the U.S. Armed Forces for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is worn on the KSM for each campaign participation credit.

12.  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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

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

14.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM).  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

DISCUSSION AND CONCLUSIONS:

1. The applicant's argument that he should be awarded the PH has been carefully considered and found to have merit.

2.  The evidence of records confirms the applicant was wounded in action in Korea on 6 April 1953, as evidenced by the SGO Hospital Listing and the entry 

on the Korean War Casualty Roster.  Therefore, he is entitled to be awarded the PH and have it added to his DD Form 214.

3.  The evidence of record shows the applicant served during the qualifying period for award of the KSM and the ROKWSM.  Although his dates of service in Korean are not known, he would be been eligible for at least one bronze service star to be worn on the KSM.  Therefore, he is entitled to these awards and to have them added to his DD Form 214. 

4.  Based on award of the KSM, the applicant is also entitled to be awarded the UNSM.  Therefore, this award should be added to his DD Form 214.

5.  The evidence of record shows the applicant served during a qualifying period for award of the NDSM.  Therefore, he entitled to this award and to have it 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 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:

* awarding him the Purple Heart for being wounded in action in Korea on 6 April 1953

* adding to his DD Form 214 the:

* PH
* KSM with one bronze service star
* ROKWSM
* 
NDSM
* UNSM




      __________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)                                         AR20120005959



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ABCMR Record of Proceedings (cont)                                         AR20120005959



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