IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140005266
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 (PH)
* mortar fragment wounds to his left upper arm and chest on 19 October 1952
2. The applicant states:
* he is being denied benefits by the Department of Veterans Affairs (VA)
* he has hearing loss that needs attention now and he may require other medical attention in the near future
* he did not realize the absence of the PH on his DD Form 214 was a major issue with the VA until he applied for benefits
* he has been receiving 20-percent disability compensation from the Department of Treasury for being wounded in action
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 was inducted into the Army of the United States on 25 May 1951.
3. His DD Form 230 (Service Record) shows in:
* section 4 (Service Outside Continental United States) service in Korea from 18 March 1952 through 21 October 1952
* section 8 (Wounds Received Through Enemy Action) mortar fragment left lower arm and chest, 19 October 1952
4. Item 32 (Qualification in Arms) of his DA Form 20 (Soldier's Qualification Record) shows award of the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Carbine Bar
5. An AGO Form 0707 (Record of Award of the Purple Heart) shows Headquarters, 343d General Hospital, General Order Number 44, dated 24 October 1952, awarded the applicant the PH for wounds received in action in North Korea on 19 October 1952.
6. On 31 January 1953, the applicant was honorably released from active duty. His DD Form 214 shows in:
* item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)
* Combat Infantryman Badge
* United Nations Service Medal
* Korean Service Medal with one bronze service star
* item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry mortar fragment left lower arm and chest, 19 October 1952
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
8. Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time, provided that each wound received as the result of enemy action would be entered chronologically in item 29 of the DD Form 214. The date and place of action was also to be entered if available.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the PH; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The applicant served a qualifying period for award of the NDSM and ROKWSM; therefore, his DD Form 214 should be corrected to show this award.
3. The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). Therefore, he is entitled to correction of his DD Form 214 to show these badges.
4. Although the applicant argues he sustained fragment wounds to his upper left arm, the evidence of record shows he received fragment wounds to his lower left arm. Therefore, there is an insufficient evidentiary basis for granting this portion of his requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
* PH
* NDSM
* ROKWSM
* Expert Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
2. The Board further determined 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 showing he incurred fragment wounds to his upper left arm.
___________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) AR20140005266
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ABCMR Record of Proceedings (cont) AR20140005266
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