IN THE CASE OF:    

		BOARD DATE:  28 October 2014	  

		DOCKET NUMBER:  AR20140007844 


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 award of the Purple Heart.

2.  The applicant states he was wounded in action, on 17 October 1951, during the Korean War.

3.  The applicant provides a certified copy of a DD Form 214 (Report of Separation from the Armed Forces of the United States), a WD AGO 
Form 8-26 (Emergency Medical Tag - US Army), and a letter from Case Management Division, Army Review Boards Agency.

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 was inducted into the Army of the United States on 5 December 1950.  His records show he completed basic combat and advanced individual training.  He was awarded the military occupational specialty 111 (Light-Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was corporal/E-4.

4.  On 6 September 1952, he was honorably released from active duty.  In item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), his DD Form 214 shows he was credited with completing 10 months and 27 days of foreign service.  He was awarded or authorized the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows, "None."

5.  His WD AGO Form 24A (Service Record) shows:

	a.  assigned to Company G, 5th Infantry Regiment from 1 August 1951 through 10 May 1952 in Section 6 (Original Assignment and Organizations to which Subsequently Assigned during this Period of Service).  

	b.  Section 8 (Wounds Received through Enemy Action) is blank.

	c.  he was deployed in Korea during the period 21 July 1951 through 10 May 1952, shown in Section 14 (Service Outside Continental United States).  

	d.  he was awarded the Combat Infantryman Badge in Section 21 (Medals, Decorations, and Citations); however, there is no reference to the receipt of a Purple Heart.

6.  A review of the Korean Casualty Roster did not show any evidence the applicant sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

7.  The applicant provides a WD AGO Form 8-26 (Emergency Medical Tag - US Army) which states, "W.I.A. wound penetrating center of forhead [sic] slight from enemy shrapnel, grenade @ 0900 17 Oct 1951 vic Chuktani, Korea."  The form is signed by a Medical Corps Captain.

8.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  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.

	b.  Bronze service stars are authorized for wear on the Korean Service Medal for each campaign participation credit.  A review of Army Regulation 600-8-22 shows the applicant has qualifying service during the UN Summer-Fall Offensive, the Second Korean Winter, and the Korea Summer-Fall 1952 campaigns.

	c.  The Republic of Korea War Service Medal (ROKWSM) was awarded to members of the U.S. Armed Forces when they served in Korea between 25 June 1950 and 27 July 1953.  They must have been on permanent assignment or on temporary duty for 30 consecutive days, or 60 nonconsecutive days.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) states the Republic of Korea Presidential Unit Citation (ROKPUC) was awarded by the Korean government to the 5th Infantry Regiment for the period 30 September 1950 through 31 July 1952, Department of the Army General Order 41-1955, dated 22 June 1955.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he should be awarded the Purple Heart was carefully considered.  Records show he was wounded as a result of hostile action, the wound required treatment by medical personnel, and medical treatment provided was made a matter of official record.

2.  Based upon the above, he is entitled to the award of the Purple Heart.

3.  Records show the applicant has qualifying service for 3 campaigns and his DD Form 214 should be amended to show the Korean Service Medal with
3 bronze service stars.

4.  His unit was awarded the ROKPUC.

5.  He has qualifying service to be awarded the ROKWSM.
6.  Item 29, DD Form 214 should be amended to show wounds sustained on
17 October 1951 at Chuktani, Korea.

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 amended as follows:

a. awarding him the Purple Heart for wound received on 17 October 1951;

	b.  amending item 27 of his DD Form 214 to add the:

* Purple Heart
* Korean Service Medal with three bronze service stars
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

	c.  amending item 29 of his DD Form 214 to show wounds sustained on       17 October 1951 at Chuktani, Korea. 



      ___________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)                                         AR20140007844





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ABCMR Record of Proceedings (cont)                                         AR20140007844



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