IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130002220
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 believes that due to the combat conditions and the ongoing Battle of Boomerang Hill he was overlooked being awarded the Purple Heart at the time he was wounded.
3. The applicant provides an internet printout of the history of the Battle of Boomerang and a copy of his 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 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 is sufficient documentation provided by the applicant to conduct a fair and impartial review of this case.
3. The available record shows the applicant was inducted into the Army of the United States on 29 October 1951. He was promoted through the ranks to sergeant/E-5 on 14 July 1953.
4. After completing 1 year, 11 months, and 12 days of total active service, he was honorably released from active duty on 10 October 1953. Item 26 (Foreign and/or Sea Service) on his DD Form 214 shows he had 1 year, 5 months, and 20 days of service with no lost time.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:
* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* Combat Infantryman Badge
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he was wounded on 18 June 1953, while he was in Korea.
7. Army Regulation 600-8-22 (Military Awards) states:
a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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 Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The Army Good Conduct Medal may be awarded, for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.
c. The United Nations Service Medal is 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 establish eligibility for 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 or on temporary duty for 30 consecutive or 60
nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he was wounded as a result of action by enemy forces. Based on the evidence, he should have been awarded the Purple Heart.
2. The applicant was inducted into the Army on 29 October 1951 in pay grade
E-1. He was able to obtain the pay grade of E-5 on 14 July 1953, in less than 2 years. Although there are limited records, it is reasonable to presume that there was nothing in his record that would have disqualified him from being awarded the Army Good Conduct Medal.
3. The applicant is also authorized the United Nations Service Medal and the Republic of Korea War Service Medal. These awards should be added to his
DD Form 214.
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:
a. Awarding him the Purple Heart for wounds sustained as a result of action by enemy forces on 18 June 1953.
b. Awarding him the Army Good Conduct Medal for exemplary conduct and efficiency for the period 29 October 1951 through 10 October 1953.
c. Amending Item 27 of his DD Form 214 to add the Purple Heart, Army Good Conduct Medal, United Nations Service Medal, 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) AR20130002220
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