BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140004296
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 add the Purple Heart.
2. The applicant states the Purple Heart was omitted from his DD Form 214. He cannot find the certificate for award of the Purple Heart, but he found the medal he received.
3. The applicant provides a newspaper article and 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 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 his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 8 March 1951, in Charlotte, NC, and entered active duty that same day. He served in the infantry and his most significant duty assignment was with Service Company, 30th Infantry Regiment.
4. The Korean War casualty roster and admissions cards created by the Office of the Surgeon General show he was wounded in action in Korea as a result of hostile enemy action on or around 21 September 1951. He was admitted to the hospital and treated for missile wounds to the hand and wrist.
5. His DD Form 214 shows he was honorably released from active duty on
11 December 1952. He completed 1 year and 9 months of net active service, of which 3 months and 16 days was credited as foreign and/or sea service. Additionally, his DD Form 214 shows he received mortar laceration wounds to his right hand and wrist as a result of hostile enemy action, and he was awarded or authorized the:
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Combat Infantryman Badge
6. Army Regulation 600-8-22 (Military Awards) states 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.
7. Army Regulation 600-8-22 states the Government of the Republic of Korea issued the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
8. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was wounded in action as a result of hostile enemy action. Additionally, he confirms he received the Purple Heart. Nevertheless, this award was inadvertently omitted from his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to add the Purple Heart.
2. He served a qualifying period for awards of the National Defense Service Medal and the Republic of Korea War Service Medal. Therefore, he is entitled to correction of his DD Form 214 to add these awards.
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 adding to his DD Form 214 the Purple Heart, Republic of Korea War Service Medal, and National Defense 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) AR20140004296
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004296
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019883
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show a second award of the Purple Heart. Therefore, there is sufficient evidence to show the applicant is entitled to two awards of the Purple Heart and correction of his records to show the second award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant a second award of the...
ARMY | BCMR | CY2002 | 2002077450C070215
The applicant's Service Record shows that he was a POW in Korea from 11 February 1951 to 30 August 1953. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. b. by amending his DD Form 214, with an effective date of 28 February 1954, to show he was awarded the Purple Heart, the POW Medal, two awards of the Republic of Korea...
ARMY | BCMR | CY2004 | 20040002865C070208
The applicant requests that his records be corrected to note that he was twice wounded in action during the Korean War. The applicant states that he was wounded in action in Korea on 3 September 1951 and again on 8 October 1951, but only the 8 October 1951 wounding is annotated in the records. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his...
ARMY | BCMR | CY2002 | 2002072640C070403
At the applicant’s request, the National Personnel Records Center had issued to him on 2 April 2002, all of the awards to which he was determined to be entitled, which included the Good Conduct Medal and the National Defense Service Medal, in addition to the awards previously mentioned. The evidence of record shows that the applicant was wounded in action in Korea on 22 April 1951, and is entitled to the Purple Heart for that wound. Once the Department of the Air Force has authorized the...
ARMY | BCMR | CY2008 | 20080016809
Evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal. Evidence of record shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the Purple Heart for wounds received as a result of hostile action on 30 January...
ARMY | BCMR | CY2002 | 2002068198C070402
Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The applicant is entitled to award of the National Defense Service Medal and the United Nations Service Medal.
ARMY | BCMR | CY2008 | 20080012878
The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. There is no evidence of record, and the applicant has provided insufficient evidence, which shows that the FSM was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action in Korea. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140012503
Therefore, he is entitled to award of the POW Medal and correction of his DD Form 214 to show this award. He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM: (1) the Purple Heart for a wound sustained in action in North Korea on 7 June 1952; (2) the Army Good Conduct Medal (1st Award) for...
ARMY | BCMR | CY2011 | 20110015585
The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...
ARMY | BCMR | CY2007 | 20070012984
The applicants WD AGO Form 53 (Enlisted Record and Report of Separation) shows he was awarded the World War II Victory Medal and Army of Occupation Medal, with Japan Clasp. The applicant's DD Form 214 shows he was awarded the Combat Infantryman Badge, the Purple Heart, and the Korean Service Medal with one bronze service star. Based on award of the Korean Service Medal, the applicant is entitled to be awarded the United Nations Service Medal.