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 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. 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
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ABCMR Record of Proceedings (cont) AR20120008603
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