BOARD DATE:	24 January 2013

		DOCKET NUMBER:  AR20120013085


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 award of individual awards (specifically, the Purple Heart) and unit awards he is entitled to based on his combat service with the 24th Infantry Division in the Republic of Korea.

2.  The applicant states his record does not show he was shot in the left leg on 13 November 1951 or that he was wounded on his backside on 13 June 1952.  He states he was never issued a Purple Heart or other awards due to his transfer to the 40th Infantry Division.

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* DD Form 256A (Honorable Discharge Certificate), dated 21 August 1956
* a photocopied, hand-written timeline of a portion of his military service
* a letter he wrote to the National Personnel Records Center
* a third-party letter written on his behalf by his step-son

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 complete 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 his 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.  His DD Form 214 shows he enlisted in the Regular Army on 29 May 1950, attained the rank/grade of private first class/E-3, and held military occupational specialty 1745 (Light Weapons Infantry Leader).  On 13 December 1952, he was released from active duty and transferred to the Enlisted Reserve component.  His DD Form 214 further shows:

* he served a period of 2 years, 3 months, and 26 days of total net service, including 10 months and 2 days of foreign service
* he was awarded the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge
* he received no wounds resulting from action with enemy forces

4.  His record is void of any documentation that shows the specific unit or command in which he served during his service in the Republic of Korea.  Similarly, his record is void of documentation that shows he was wounded in action during his service in the Republic of Korea.  His name does not appear on the Korean casualty roster.

5.  He provides a photocopied, hand-written timeline of a portion of his military service that includes references to being wounded in action on 13 November 1951 and 13 June 1952.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify 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.
7.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) 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.

8.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROKWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROKWSM.  To qualify for award of the ROKWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 nonconsecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served a period of qualifying service for award of the NDSM and the ROKWSM; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  His record is void of any official Army documentation that shows he was wounded, his wounds were the result of hostile action, were treated by medical personnel, or that such treatment was made part of the official record.  

3.  The exact unit awards to which he may be entitled cannot be determined, since his record is void of any documentation that shows the specific unit or command in which he served during his service in the Republic of Korea.  
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X______  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 27 of his DD Form 214 to add the NDSM and the ROKWSM.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart or unit awards pertaining to his service in the Republic of Korea.





      _________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)                                         AR20080016060



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ABCMR Record of Proceedings (cont)                                         AR20120013085



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