IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120011687
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 to item 29 (Wounds Received as a Result of Action with the Enemy Forces) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was wounded in action on
17 April 1953.
2. The applicant states he was wounded by enemy action on 17 April 1953.
3. The applicant provides:
* General Order (GO) Number 28, dated 8 May 1953
* DD Form 214
* Letter, Department of Veterans Affairs (VA), dated 17 October 1966
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant provided a DD Form 214 which shows he was inducted into the Army of the United States and entered active duty in Cleveland, OH on
28 November 1951. He held an infantry military occupational specialty and served in Korea.
4. He was honorably released from active duty on 18 August 1953. His DD Form 214 shows he completed 1 year, 8 months, and 17 days of net active service, 1 year and 16 days of which was credited as foreign service. This form also shows in:
a. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Korean Service Medal with 2 bronze service stars, one overseas service bar, the United Nations Service Medal, the Parachutist Badge, and the Combat Infantryman Badge.
b. Item 29 shows the entry None.
5. He provided GO Number 28, issued by Headquarters, 382nd General Hospital, Army Post Office Number 54, on 8 May 1953, awarding him the Purple Heart for wounds he received in action on 17 April 1953 in Korea.
6. He provided a letter from the VA, dated 17 October 1966, that states he received shell fire wounds to his left shoulder, wrist, hand, thigh, and leg, and a fractured left foot.
7. His available military records did not contain any medical records or documentation.
8. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
9. Army Regulation 635-5 (Separation Documents), in effect at the time states, each wound received as a result of enemy action during the period covered should be chronologically entered in item 29 of the DD Form 214. Show both date and place if recorded on records available at the time of separation. If records are not available, the terminology No Records Available will be entered. The theater of operation in which the action occurred may be entered if the exact location is not recorded.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show he was wounded in action as a result of hostile enemy action. Therefore, his DD Form 214 should be corrected to show he was wounded in Korea on 17 April 1953.
2. He provided GO awarding him the Purple Heart. This award was not recorded in his DD Form 214. Therefore he is entitled to correction of his DD Form 214 to show this award.
3. The evidence of record shows he met the criteria for award of the National Defense Service Medal. Therefore he is entitled to correction of his DD Form 214 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 adding to his DD Form 214 in:
* item 27 the Purple Heart and the National Defense Service Medal
* item 29 the entry Wounded in Korea on 17 April 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.
ABCMR Record of Proceedings (cont) AR20120011687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120011687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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