BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002395 


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.  He states:

* he received the Purple Heart for military merit
* he was injured on 19 October 1951, in Central Korea
* this (the Purple Heart) is not listed on his DD Form 214
* he is currently receiving a 10 percent service-connected disability from the Department of Veterans Affairs

3.  He provides 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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's available records show he enlisted in the Minnesota Army National Guard on an unknown date and he was ordered to active duty on 
16 January 1951. 

4.  On 7 May 1952, he was honorably discharged after completing 1 year, 
3 months, and 21 days of active service this period and a total of 3 years, 
10 months, and 15 days of net service. 

5.  His DD Form 214 shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Korean Service Medal, Army of Occupation Medal - Japan, and United Nations Service Medal; 

	b.  item 28 (Most Significant Duty Assignment) he was assigned to Battery B, 26th Antiaircraft Artillery Automatic Weapons Battalion (Self-Propelled); and

	c.  item 29 (Wounds Received as a Result of Action With Enemy Forces) the entry "EM (Enlisted Member) wounded 19 October 1951 (Central Korea) not entered in records."

6.  The applicant’s name is listed in the Korean Casualty file.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.



8.  Army Regulation 600-8-22 also sets forth the Department of the Army criteria, policy and instructions concerning individual military awards.  It provides:

   a.  The National Defense Service Medal was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.
   
	b.  The Army Good Conduct Medal was governed by Army Regulation 600-65 during the Korean War era.  It was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  There must have been no convictions by court-martial.  

	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 applicant's service record does not contain orders which authorize him award of the Purple Heart.  However, the Korean Casualty file and item 29 of the applicant's DD Form 214 show he was wounded in hostile action on 19 October 1951.  This evidence is sufficient as a basis to correct his DD Form 214 to show this award.

2.  The applicant served on active duty for a period of 1 year, 3 months, and 
21 days, from 16 January 1951 to 7 May 1952.  He achieved the rank of sergeant, had no lost time, and was honorably separated.  All of these indicators support that he was a good Soldier.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award).

3.  The applicant is also entitled to award of the National Defense Service Medal and the Republic of Korea War Service Medal.  Therefore, 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 
16 January 1951 to 7 May 1952; and

	b.  adding the Purple Heart, Army Good Conduct Medal, National Defense Service Medal, 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)                                         AR20140002395



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ABCMR Record of Proceedings (cont)                                         AR20140002395



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