BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140010461 


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 injured in combat in the Korean Conflict from a shell fragment to the right arm; however, he did not receive the Purple Heart.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and his Department of Veterans Affairs Rating Decision.

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 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 the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted in Columbus, Georgia on 25 April 1951.  He completed his training as a medical specialist and it appears that he was transferred to Japan and then to Korea.  He served in the Medical Company of the 5th Cavalry Regiment.

4.  On 10 April 1953, he was honorably released from active duty (REFRAD) at Fort Jackson, South Carolina.  He had served 1 year, 11 months and 15 days of active service of which 1 year, 6 months and 14 days were foreign service.

5.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Korean Service Medal with two bronze service stars, Army Occupation Medal with Japan Clasp, United Nations Service Medal and the Combat Medical Badge.

6.  Item 29 of his DD Form 214 under “Wounds Received as a Result of Action with Enemy Forces” shows the entry “None.”

7.  A review of the available records shows that on 10 April 1953, a separation medical examination was conducted and it indicates “Small SF wound to right arm.”

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Korea.  This pamphlet shows the applicant’s unit was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) for the period during which he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Purple Heart based on shell fragment wounds to the left arm received while in combat in Korea has been noted and appears to have merit.

2.  While it cannot be determined the exact date he was wounded, the applicant’s separation physical examination clearly shows that he had a small shell fragment wound to the left arm which serves to satisfy the requirement that treatment be made a matter of record.

3.  Accordingly, as a matter of equity, he should be awarded the Purple Heart for wounds received in action in Korea on or about 1 February 1953.

4.  The applicant also served during a qualifying period for awards of the NDSM and ROKWSM and they should be awarded at this time and added to his DD Form 214.

5.  Additionally, the applicant’s unit was awarded the ROKPUC during the period he served with the unit and that award should be added to his DD Form 214.

BOARD VOTE:

___x_____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding the applicant the Purple Heart for wounds received in action in Korea on or about 1 February 1953, while serving in the rank of private first class
* awarding him the NDSM and ROKWSM
* adding the awards of the Purple Heart, NDSM, ROKWSM and ROKPUC to his DD Form 214 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20140010461





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ABCMR Record of Proceedings (cont)                                         AR20140010461



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