IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000431
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 he be awarded the Purple Heart for wounds received in action against the enemy in Korea.
2. The applicant states he received multiple gunshot wounds in combat in Korea and is entitled to award of the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 11 April 1949 for a period of 3 years and entered active duty in Peoria, IL. He completed his training and was transferred to Korea.
4. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entries:
* gunshot wound right arm 25 March 1951, Korea
* gunshot wound left leg on 28 May 1951, Korea
5. His name is also contained on the Korean Casualty Listing for these two incidents.
6. On 1 August 1952, he was honorably discharged in the rank of corporal at Fort Sam Houston, TX. He had served 3 years, 3 months, and 20 days of total active service. The DD Form 214 issued at the time of his discharge shows he was awarded authorized the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, Presidential Unit Citation, and the United Nations Service Medal.
7. Army Regulation 600-8-22 (Military Awards) states:
a. the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.
b. the National Defense Service Medal (NDSM) 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.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is entitled to award of the Purple Heart has been noted and found to have merit.
2. The applicant was wounded twice as a result of enemy action on 25 March and 28 March 1951 and is entitled to two awards of the Purple Heart.
3. The applicant also served during qualifying periods for awards of the NDSM and ROKWSM and is entitled to have them 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:
* Awarding the applicant the Purple Heart for wounds received in action against the enemy in Korea on 25 March 1951
* Awarding the applicant the Purple Heart (2nd Award) for wounds received in action against the enemy on 28 May 1951
* Adding the awards of the Purple Heart (2nd Award), NDSM, and ROKWSM 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) AR20140000431
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ABCMR Record of Proceedings (cont) AR20140000431
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