IN THE CASE OF:	  

		BOARD DATE:  20 August 2013

		DOCKET NUMBER:  AR20130000574 


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 the Purple Heart.  

2.  The applicant states he was awarded the Purple Heart in Korea due to being wounded in action.  He did not receive the citation or the orders after his service in Korea and the award was never annotated on his DD Form 214.  This is a clerical error.  

3.  The applicant provides:

* DD Form 214
* Printout from the National Archives
* Internet printout of the 187th Airborne Regimental Combat Team (ARCT) Casualties in Korea 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 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 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he enlisted in the Regular Army for 3 years and entered active duty in Flushing, NY, on 7 February 1950.  This form also shows he completed the Basic Airborne Course at Fort Benning, GA, from June to July 1950.  

4.  His DD Form 214 also shows, at the time of separation, he held military occupational specialty 1745 (Light Weapons Infantryman) and his most significant duty assignment (i.e., his last duty assignment) was with Company E, 505th Airborne Infantry Regiment. 

5.  He was discharged on 1 May 1953, for the convenience of the Government.  He completed 3 years of total active service, of which 1 year, 1 month, and 
25 days was foreign service.  

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Parachutist Badge
* Army of Occupation Medal with Japan Clasp
* Combat Infantryman Badge (issued by 187th ARCT)
* Korean Service Medal with five bronze service stars
* Presidential Unit Citation

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None." 

8.  The information from hospital admissions cards created by the Office of the Surgeon General (OTSG) for the year 1950 as well as the National Archives database confirms he was seriously wounded by a missile fragment on 22 October 1950 in Korea.  It appears that he was treated in Japan and released back to duty on 8 December 1950.  

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	 b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	c.  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 for service between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award f the United Nations Service Medal.

	d.  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 for 30 consecutive days 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's DD Form 214 does not show he was wounded in action.  However, the information from hospital admissions cards created by the OTSG for the year 1950 as well as the National Archives database confirms he was seriously wounded by missile fragment on 22 October 1950 in Korea.  It appears that he was treated in Japan and released back to duty on 8 December 1950.  Therefore, he is entitled to award of the Purple Heart and correction of his 
DD Form 214 to show this award and to show he was wounded.

2.  He served a qualifying period of service for entitlement to the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

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:

* deleting from item 29 of his DD Form 214 the entry "None" and adding the entry "Korea, 22 October 1950" 
* awarding him the Purple Heart for wounds received in action in Korea on 22 October 1950
* adding to item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, United Nations Service Medal, and 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)                                         AR20130000574



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ABCMR Record of Proceedings (cont)                                         AR20130000574



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