IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130009267
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 that the records of his deceased father, a former service member (FSM), be corrected to show award of the Purple Heart.
2. The applicant states the FSM was wounded in action in Korea.
3. The applicant provides:
* Honorable Discharge Certificate
* Certificate of Death
* FSM's Spouse's Certificate of Death
* Certificate of Marriage
* applicant's Certificate of Live Birth
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 FSM's available military records show he enlisted in the Regular Army on 31 March 1951. He completed training, was awarded military occupational specialty 1745 (Light Weapons Infantry Leader), and was promoted to the rank of private first class.
3. On 30 December 1952, he was honorably released from active duty after completing 1 year and 9 months of total service. His DD Form 214 shows he was awarded or authorized the:
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge
4. His DD Form 214 further shows in:
* item 26 (Foreign and/or Sea Service), he was credited with 1 year, 1 month, and 7 days of foreign service
* item 28 (Most Significant Duty Assignment), he was assigned to
Company B, 634th Armored Infantry Battalion
* item 29 (Wounds Received as a Result of Action with Enemy Forces), "Korea - 25 Sep 51."
5. A WD AGO Form 8-33 (Clinical Record Brief) shows on 25 September 1951 near Tondul, Korea, the FSM was diagnosed with a gun-shot wound perforation to his right shoulder and post chest wall due to enemy action while he was assigned to Company B, 9th Infantry Regiment, 2nd Infantry Division.
6. His record contains numerous additional medical documents related to his gun-shot wound and treatment of that wound.
7. His record is void of documentation showing he was awarded the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) states 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.
9. A review of his record indicates entitlement to additional awards not listed on his DD Form 214.
10. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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.
11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows Company B, 9th Infantry Regiment, 2nd Infantry Division, was awarded the Republic of Korea Presidential Unit Citation during the time the applicant was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The record shows the FSM was wounded by hostile action on 25 September 1951, treated by medical personnel, and the medical treatment was made a matter of official record. Therefore, there is sufficient evidence to support awarding him the Purple Heart and correction of his DD Form 214 to show this award.
2. His record shows he served in Korea during a qualifying period authorized for the ROKWSM. Therefore, he is entitled to have this award added to his DD Form 214.
3. His record shows his unit was awarded the Republic of Korea Presidential Unit Citation during the period he was assigned to the unit. Therefore, this unit award should be added to his DD Form 214.
4. As such, the FSM's records should be corrected as recommended below.
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 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 received on 25 September 1951; and
b. adding the Purple Heart, ROKWSM, and Republic of Korea Presidential Unit Citation to his DD Form 214.
_______ _ _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) AR20130009267
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ABCMR Record of Proceedings (cont) AR20130009267
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