Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120008603
Original file (20120008603.txt) Auto-classification: Approved

		

		BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120008603 


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 his award of the Purple Heart be added to his 
DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states the award was omitted from his DD Form 214.

3.  The applicant provides:

* NA Form 13038 (Certification of Military Service)
* his DD Form 214
* his Honorable Discharge Certificate
* three documents from the Department 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.  His military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.  

3.  He was inducted into the Army of the United States on 23 October 1950.  He previously served 10 months and 18 days in the U.S. Naval Reserve.

4.  On 22 July 1952, he was released from active duty.  He completed 1 year and 
9 months of active service.  His DD Form 214 shows he was awarded or is authorized the:

* Combat Infantryman Badge
* Korean Service Medal with three bronze service stars
* Distinguished Unit Citation

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his 
DD Form 214 states he received a gunshot wound to his left thigh on 
24 February 1951.

6.  The Korean War Casualty File lists him as having been seriously wounded in action by a missile on 24 February 1951 in South Korea.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The United Nations 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 during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically established eligibility for the United Nations Service Medal.

	b.  The National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

   c.  The Republic of Korea War Service Medal 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.

8.  Special Regulations No. 615-360-1 (Separation of Enlisted Personnel), in effect at the time, stated each wound received as a result of enemy action was to be entered chronologically in item 29 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The Korean War Casualty File and the entry in item 29 of his DD Form 214 are sufficient evidence to show he was awarded the Purple Heart.  Therefore, it is appropriate to add the Purple Heart to his DD Form 214.

2.  He is authorized the National Defense Service Medal based on his service between 27 July 1950 and 27 July 1954.  

3.  He is authorized the United Nations Service Medal and the Republic of Korea War Service Medal based on his service in Korea.

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 amending his DD Form 214 to include the:

* Purple Heart
* National Defense Service Medal
* 
United Nations Service Medal
* 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)                                         AR20120008603



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008603



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080017956

    Original file (20080017956.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflect he was awarded a Purple Heart for wounds received during the Korean War. There is no record of his honorable service (i.e., DD Form 214) from 1947 to 30 September 1951. The applicant’s records should contain two DD Forms 214, the first one for the period 11 December 1947 through 30 September 1951, and the second one for the period 1 October 1951 through 23 January 1954.

  • ARMY | BCMR | CY2011 | 20110024025

    Original file (20110024025.txt) Auto-classification: Approved

    The applicant's complete military records are not available to the Board for review. Army Regulation 600-8-22 states the Republic of Korea War Service Medal 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 Purple Heart for wounds received in action on 4 December 1950 in Korea;...

  • ARMY | BCMR | CY2008 | 20080002719

    Original file (20080002719.txt) Auto-classification: Approved

    The applicant's military records are not available for review. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. 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 sustained in action against a hostile force on 1 March 1950; and b. showing in a memorandum or other suitable document that his awards include the Purple Heart, National Defense...

  • 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 | CY2008 | 20080004663

    Original file (20080004663.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. The applicant served on active duty during a qualifying period of time for award of the Korea Service Medal. 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 14 June 1953; and b. showing on his DD Form 214, effective 15 April 1955, that his authorized awards include...

  • ARMY | BCMR | CY2007 | 20070017220

    Original file (20070017220.txt) Auto-classification: Approved

    Counsel states that service medical records verify the applicant was wounded in action. 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 on 29 November 1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on 30 November 1950; b. adding the Purple Heart with First Oak Leaf...

  • ARMY | BCMR | CY2006 | 20060002600C070205

    Original file (20060002600C070205.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. In the absence of more compelling medical evidence that the applicant was in fact wounded as a result of hostile action and based on the fact that the applicant's name is not among a list of individuals reported as combat casualties during the Korean War and information maintained in the SGO File indicating the applicant was hospitalized for abdomen pain, it would be inappropriate to conclude that an award of the...

  • ARMY | BCMR | CY2011 | 20110015585

    Original file (20110015585.txt) Auto-classification: Approved

    The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...

  • ARMY | BCMR | CY2009 | 20090004819

    Original file (20090004819.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Based on award of the Korean Service Medal, the applicant is eligible for award of the United Nations Service Medal. 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 13 April 1951; and b. adding the Purple Heart, the United Nations Service Medal, the National Defense Service Medal,...

  • ARMY | BCMR | CY2011 | 20110000811

    Original file (20110000811.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Army Regulation 600-8-22 states the Republic of Korea War Service Medal 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 to item 27 of his DD Form 214 the: * Purple Heart * National Defense Service Medal * United...