Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120007374
Original file (20120007374.txt) Auto-classification: Approved

		
		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 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 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007374



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080015211

    Original file (20080015211.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 04 DECEMBER 2008 DOCKET NUMBER: AR20080015211 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant had a qualifying period of service in the ROK and is entitled to award of the ROKWSM and to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds sustained in the ROK on 1 November 1950 and correcting the...

  • ARMY | BCMR | CY2009 | 20090019902

    Original file (20090019902.txt) Auto-classification: Approved

    This data also shows he was evacuated to Japan in August 1950, where he received medical treatment before returning to his unit in Korea in September 1950. The applicant requests award of the Purple Heart and entry of that award on his DD Form 214. 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 July 1950; and b. amending his DD Form 214 for the period...

  • ARMY | BCMR | CY2011 | 20110016804

    Original file (20110016804.txt) Auto-classification: Approved

    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 and, in effect: * Republic of Korea (ROK) Presidential Unit Citation * United Nations Service Medal * Korean Service Medal with one silver service star * Army Good Conduct Medal * Army of Occupation Medal with Japan Clasp 2. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service...

  • ARMY | BCMR | CY2007 | 20070017508

    Original file (20070017508.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) 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 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB effective 17 July 1953, while serving in the...

  • ARMY | BCMR | CY2012 | 20120004537

    Original file (20120004537.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. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2011 | 20110025175

    Original file (20110025175.txt) Auto-classification: Approved

    The applicant states he was wounded in combat during the Korean War. The applicant's DD Form 230 (Service Record) shows the following: * Section 4 (Service Outside Continental United States) shows he served in the Republic of Korea (ROK), during the period 13 January 1952 through 22 October 1952 * Section 8 (Wounds Received Through Enemy Action) is blank * Section 17 (Indorsements) shows he received "excellent" conduct and efficiency ratings throughout his military service, with the...

  • ARMY | BCMR | CY2010 | 20100019592

    Original file (20100019592.txt) Auto-classification: Approved

    The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. The medical evidence of record shows he was wounded as a result of hostile action in January 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the PH for wounds...

  • 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 | 20100024503

    Original file (20100024503.txt) Auto-classification: Approved

    The applicant requests that his award of the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...

  • ARMY | BCMR | CY2010 | 20100021537

    Original file (20100021537.txt) Auto-classification: Approved

    There is no evidence to show that he was awarded the Purple Heart for those wounds. Army Regulation 600-8-22 (Military Awards) 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 that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.