BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017321
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 for wounds received as a result of enemy action in Korea.
2. The applicant states paperwork was filled out for the award while he was in the hospital, but he never received the award.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 20 March 1954.
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. His military service 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 may have been lost or destroyed in that fire. The only document available from his military service record was the DD Form 214 he submitted.
3. His DD Form 214 shows he enlisted in the Regular Army on 21 March 1951. He completed 1 year and 16 days of foreign service.
4. His DD Form 214 shows he was awarded or is authorized the:
* Combat Infantryman Badge
* Korean Service Medal with 1 bronze service star
* United Nations Service Medal
* National Defense Service Medal
* Army Good Conduct Medal
5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "SWA, SFW, Pen Back" (slightly wounded in action, shell fragment wound, penetrating back).
6. On 20 March 1954, he was honorably discharged by reason of the expiration of his term of service. He completed 3 years of creditable active service.
7. A health record research project commonly referred to as the "SGO Files, "involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape. These files show that the applicant received a penetrating wound from a missile with no nerve or artery involvement as a direct result of action against by the enemy on 6 October 1951. At the time he was wounded he was assigned to the 9th Infantry Regiment.
8. The National Archives Korean War Casualty File shows he was slightly wounded in action in Korea on 6 October 1951.
9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for the Korean War. The 9th Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for the period from16 September 1950 to 26 October 1953.
10. Army Regulation 600-8-22 (Military Awards) states 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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The entries in item 29 of his DD Form 214, the National Archives Korean War Casualty File, and the SGO files are sufficient to award the applicant the Purple Heart based on wounds received on 6 October 1951 as a result of hostile action in Korea.
2. The applicant is entitled to the Republic of Korea War Service Medal and this medal should also be added to his DD Form 214.
3. The National Archives Korean War Casualty File shows he was assigned to the 9th Regiment on 6 October 1951. This shows he was assigned to the unit during the period they were awarded the Republic of Korea Presidential Unit Citation. Therefore, this award 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 he received as a result of hostile action in Korea on 6 October 1951; and
b. adding to his DD Form 214 the:
* Purple Heart
* Republic of Korea Presidential Unit Citation
* 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) AR20130017321
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