IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130011161
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 award of the Purple Heart.
2. The applicant states he received a Purple Heart Certificate on 9 November 2005, but the award is not listed on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Purple Heart Certificate.
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 U.S. Army Human Resources Command (HRC) issued a DD Form 215 (Correction to DD Form 214) on 28 November 2005 (copy attached) showing the applicant was awarded the Purple Heart for wounds received in action in Korea on 27 June 1953. A copy of this DD Form 215 will be provided to him. Therefore, this issue will not be discussed further in this Record of Proceedings.
3. 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 damaged in that fire. However, there is adequate documentation in a reconstructed record for the Board to conduct a fair and impartial review of this case.
4. The applicant was inducted into the Army of the United States on 14 November 1951.
5. He was released from active duty on 1 October 1953 in the rank of corporal. He completed 1 year, 10 months, and 18 days of active duty service with 1 year, 3 months, and 11 days of foreign service.
a. His DD Form 214 shows he was awarded or authorized the Korean Service Medal with three bronze service stars, National Defense Service Medal, and United Nations Service Medal.
b. Item 38 (Remarks) of his DD Form 214 shows no lost time.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Republic of Korea War Service Medal was 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 serving on permanent assignment or on temporary duty within the territorial limits of Korea or the waters immediately adjacent thereto for 30 consecutive or 60 nonconsecutive days.
7. Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher. There must have been no convictions by court-martial.
DISCUSSION AND CONCLUSIONS:
1. There is no record of lost time and his progression to the rank of corporal indicates it is reasonable to presume he had qualifying conduct and efficiency ratings. Therefore, he should be awarded the Army Good Conduct Medal (1st Award).
2. He served a qualifying period of service for award of the Republic of Korea War Service Medal.
3. 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 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 Army Good Conduct Medal (1st Award) for the period 15 November 1951 to 1 October 1953 and
b. adding award of the Army Good Conduct Medal (1st Award) and Republic of Korea War Service Medal 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) AR20110019235
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011161
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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