IN THE CASE OF:  	  

		BOARD DATE:  18 November 2014	  

		DOCKET NUMBER:  AR20140005552 


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 the amending of 2 DD Forms 214 (Report of Separation from the Armed Forces of the United States) and 2 National Archives and Records Administration (NA) Forms 13038 (Certification of Military Service).

2.  The applicant states he was awarded the Purple Heart during the Korean War.  Additionally, his DD Form 214 for the period 21 April 1955 through 20 April 1956 shows an incorrect place of birth.  He states he was born in Johnson City, TN.

3.  The applicant provides:

* a letter from National Personnel Records Center (NPRC), St. Louis, MO
* 2 NA Forms 13038
* 2 DD Forms 214
* a letter from his daughter
* a newspaper article

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 requests correction of a National Archives and Records Administration form that is outside the jurisdiction of this Board.  As such, we have closed that portion of his request and provided a response under separate cover.  Consequently, this portion of his request will not be discussed further in this Record of Proceedings.

3. The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the NPRC 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.

4.  The applicant enlisted in the Regular Army on 6 January 1949.  After completing initial training he was awarded military occupational specialty        4745 (Light Weapons Infantryman).  During this period of service, the highest rank/grade he attained was private first class/E-3.  On 29 August 1952, he was honorably discharged.  The DD Form 214 he was issued shows in:

	a.  Item 11 (Place of Birth), Johnson City, TN

	b.  Item 26 (Foreign and/or Sea Service), he was credited with completing      2 years, 5 months, and 28 days of foreign service. 

	c.  Item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized:

* Army of Occupation Medal of Germany
* Army of Occupation Medal of Japan
* Korean Service Medal with 3 bronze service stars
* Combat Infantryman Badge (CIB)

	d.  Item 29 (Wounds Received as a Result of Action with Enemy Forces),  "None"

5.  The applicant was inducted into the Army of the United States on 21 April 1955.  He was awarded the military occupational specialty of 321.10 (Lineman).  The highest rank/grade attained during this period of service was private first class/E-3.

6.  On 20 April 1956, he was honorably discharged for his second period of service.  The DD Form 214 he was issued shows in:

* item 11, "Washington, TN"
* item 26, "NONE"
* item 27 is blank
* item 29, "NA"

7.  His reconstructed records do not contain orders awarding him the Purple Heart.  Additionally, his medical records are not available for review with this case and his name is not shown on the Korean casualty roster.

8.  He provides:

	a.  A letter from the NPRC which essentially states they were unable to find his records.  They note a fire destroyed a major portion of Army personnel records covering the period between 1912 and 1959.  Copies of the DD Forms 214 were provided.

	b.  A letter from the applicant's daughter which essentially:

* acknowledges receipt of the Army Review Boards Agency (ARBA) letter and expresses her appreciation
* contends the ABCMR decision will affect Department of Veterans Affairs (VA) benefits for the applicant, who is 82 and ill
* provides a copy of a newspaper article written during the time of the Korean War citing local residents, to include the applicant, as recipients of the CIB
* provides information from an Archives Technician from the NPRC that identifies the applicant as having been injured sometime after 26 October 1950, while assigned to Headquarters and Headquarters Company, 1st Battalion, 5th Regiment
* offers a possible name of his former company commander, deployed with his unit from Japan to relieve the 24th Division, and was hit in the knee by mortar shrapnel
* contends following his release from the hospital, his camp was attacked and the commander ordered the burning of all personnel papers which he maintains was the standard procedure at the time
	
	c.  A newspaper article which essentially states several local residents, to include the applicant, received the CIB.

9.  Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained 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.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with evidence of their military service at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded in the knee by shrapnel from a mortar round and, soon after returning to his unit from the hospital, his camp was attacked and all personnel records were burned.  An NPRC Archivist is cited as stating the applicant's injury occurred sometime after 26 October 1950.  No basis is offered, however, for the information the Archivist provides.

2.  Army Regulation 600-8-22 requires substantiating evidence which confirms wounds resulted from hostile action, were treated by medical personnel, and made a matter of official record.  His reconstructed record is void of any information that would support the award of the Purple Heart.  Also, his name is not listed on the Korean casualty listing for wounds received as a result of hostile action.  In the absence of sufficient evidence of record, the applicant's request should not be granted.

3.  The applicant did not provide a certified copy of his birth certificate.  Absent as well from his reconstructed record is any information which would verify his correct place of birth.  However, his first DD Form 214 shows the place of birth he requested and can be considered a valid source document for determining which place of birth should be used.  There is, therefore, sufficient evidence to grant the requested relief.

4.  The action taken on this case in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending Item 11 of the DD Form 214 covering the period 21 April 1955 through 20 April 1956 to show Johnson City, TN.

2.  The Board further determined that 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 the award of the Purple Heart.




      ___________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)                                         AR20140005552





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005552



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1