IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015310
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 to show award of the Purple Heart and Bronze Star Medal for his service in the Republic of Korea.
2. The applicant states these two medals are not shown on his DD Form 214. He contends that he was awarded the Bronze Star Medal when he was awarded the Combat Infantryman Badge.
3. The applicant provides a copy of his DD Form 214.
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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows:
a. he was inducted into the Army of the U.S. on 28 November 1950;
b. he was wounded in action on 7 October 1951 in North Korea;
c. he served overseas for 7 months and 12 days;
d. he was released from active duty on 28 August 1952 with an honorable characterization of service and transferred to the U.S. Army Reserve; and
e. he was awarded:
* Korean Service Medal with 1 bronze service star
* United Nations Service Medal
* Combat Infantryman Badge
4. Army Regulation 600-8-22 (Military Awards) provides:
a. The Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.
b. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
c. 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 prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
d. The National Defense Service Medal is awarded for honorable active service for any period 27 July 1950 through 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and Bronze Star Medal for his service in the Republic of Korea.
2. The available evidence clearly shows that he was wounded on 7 October 1951 in North Korea and that this was made a matter of record on his DD Form 214. Therefore, he is entitled to award of the Purple Heart and it should be shown on his DD Form 214.
3. There are no available general orders or other substantiating documentation showing the applicant was awarded the Bronze Star Medal. Therefore, this portion of his request should be denied.
4. The available evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal and the Republic of Korea War Service Medal. Therefore, these two medals should be shown on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214:
* Purple Heart
* National Defense Service Medal
* Republic of Korea War Service Medal
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star 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) AR20130015310
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ABCMR Record of Proceedings (cont) AR20130015310
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