IN THE CASE OF:
BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130014853
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 has not received the DD Form 215 (Correction to DD Form 214) showing he was awarded the Purple Heart.
3. The applicant provides copies of:
* medical records showing he was wounded in action on 28 May 1951
* National Personnel Records Center letter, dated 12 June 1987, providing his Purple Heart Certificate
* Purple Heart orders
* Anoka County Veterans Service Office letter, dated 7 August 2013
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 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.
3. The applicant enlisted in the Regular Army on 30 July 1948.
4. He was discharged on 2 May 1952 in the rank of corporal. He had completed 3 years, 9 months, and 2 days of active duty service with 2 months and 16 days of foreign service.
a. His DD Form 214 shows he was awarded or authorized the Parachute Gliders Badge, Korean Service Medal with one bronze service star, and United Nations Service Medal.
b. Item 29 (Wounds Received as a Result of Action with Enemy Forces), "Gun Shot Wound in left leg 28 May 51, Korea."
5. The applicant provides copies of the general orders and certificate showing he was awarded the Purple Heart for wounds received in action in the Republic of Korea on 28 May 1951.
6. A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
b. 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.
8. 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. General orders show he was awarded the Purple Heart for wounds received in action in the Republic of Korea on 28 May 1951.
2. There is no record of conviction by court-martial 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).
3. He served a qualifying period of service for award of the National Defense Service Medal and the Republic of Korea War Service Medal.
4. 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
30 July 1948 to 29 July 1951; and
b. adding the Purple Heart, Army Good Conduct Medal (1st Award), National Defense Service Medal, and the 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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ABCMR Record of Proceedings (cont) AR20130014853
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