IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001337
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 the Purple Heart.
2. The applicant states he was operating a machine gun in combat in Korea after the machine gunner was shot. He states he burned his hands severely on the barrel and was hospitalized for those wounds. He was airlifted to Japan for treatment. He applied for the award years ago and never heard from the military.
3. The applicant provides copies of his hospital admissions card and DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that his records were damaged 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. The applicant enlisted in the Regular Army on 3 March 1951. He held military occupational specialty 1677 (Policeman).
4. He was honorably released from active duty on 2 March 1954 in the rank/pay grade of sergeant/E-5. He had completed 3 years active duty service.
a. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with two bronze service stars, United Nations Service Medal, four overseas service bars, Army of Occupation Medal with Japan Clasp, and the National Defense Service Medal.
b. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows "none."
5. The applicant provides a copy of the hospital admission card from the Office of the Surgeon General (OTSG) files (commonly referred to as the SGO files) that shows he was admitted to the hospital as a battle casualty on 4 October 1951 for burns to his hands due to a hot or corrosive substance. He remained in the hospital for 6 days and was returned to duty.
6. The SGO files, a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape. In 1988, the National Research Council made these tape files available to the NPRC. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.
7. The U.S. National Archives and Records Administration Korean War Casualty File shows that he was admitted to the hospital on 4 October 1951 while serving in North Korea. He was returned to duty on 7 November 1951. The Previous/Detail Code of Casualty is shown as 6 (otherwise seriously injured in action).
8. Army Regulation 600-8-22 (Military Awards) states the:
a. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he was wounded in action in North Korea on 4 October 1951. This injury is further confirmed with the Korean War Casualty File. Therefore, he should be awarded the Purple Heart.
2. He served a qualifying period of service for award of the Republic of Korea War Service Medal.
3. His records 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 the evidence presented is 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:
a. awarding him the Purple Heart for wounds received in action on 4 October 1951; and
b. adding to item 27 of his DD Form 214 the Purple Heart and the 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) AR20110019235
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ABCMR Record of Proceedings (cont) AR20130001337
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