BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120007374
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. The applicant states he received the Purple Heart, but it is not shown on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows:
a. he was inducted into the Army of the United States on 21 May 1951;
b. he was a corporal, Infantry Branch;
c. he was wounded on 13 June 1952 as a result of enemy action in the Republic of Korea (ROK);
d. he served 9 months and 26 days of foreign service;
e. he was discharged with an honorable characterization of service on
20 February 1954; and
f. his awards and decorations are:
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Bronze Star Medal
* National Defense Service Medal
* Combat Infantryman Badge
4. The applicant's name appears on the Korean War Casualty List as a combat casualty.
5. Army Regulation 600-8-22 (Military Awards) provides:
a. 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, and the medical treatment must have been made a matter of official record.
b. The ROK 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.
2. The available evidence clearly shows that the applicant served in the ROK and was wounded while in action against an armed enemy. Therefore, his
DD Form 214 should be corrected to show award of the Purple Heart.
3. The applicant served during a qualifying period for award of the ROKWSM. Therefore, his records should be corrected 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 showing, in addition to the awards already shown on his DD Form 214, that his awards include the Purple Heart and the 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) AR20120007374
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ABCMR Record of Proceedings (cont) AR20120007374
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