IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140011830
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 his award of the Purple Heart.
2. The applicant states he was wounded in action in Korea. His wound is shown on his DD Form 214 but not the Purple Heart.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code (USC), 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 ABCMR to excuse an applicants 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 applicants 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 29 March 1951. This form also shows at the time of his separation he held military occupational specialty 1745 (Light Weapons Infantryman) and his most significant duty assignment (i.e., his last duty assignment) was with Company K, 30th Infantry Regiment.
4. His DD Form 214 further shows he completed 1 year and 9 months of creditable active military service, including 4 months and 3 days of foreign service. He was honorably discharged from active service on 28 December 1952.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with one bronze service star and the United Nations Service Medal.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "Shrapnel wound in chest, 19 October 1951, Korea."
7. Information from hospital admissions cards created by the Office of the Surgeon General (OTSG) for the year 1951 confirms he was wounded on 19 October 1951 as a result of enemy action.
8. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states:
a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.
c. The Republic of Korea War Service Medal 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 for 30 consecutive days or on temporary duty for
30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 clearly shows he was wounded in action on 19 October 1951 in Korea. This injury is further confirmed with the information compiled by the OTSG. Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.
2. He served a qualifying period of service for entitlement to the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show these awards.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 him the Purple Heart for wounds received in action on 19 October 1951 in Korea
* adding to item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, and Republic of Korea War 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) AR20140011830
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ABCMR Record of Proceedings (cont) AR20140011830
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