IN THE CASE OF:  	  

		BOARD DATE:  23 April 2015	  

		DOCKET NUMBER:  AR20140015884 


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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) dated 18 June 1952 be corrected to show his rank as PV2, his award of the Purple Heart and that his blood group/type as "A."

2.  The applicant states that his DD Form 214 should reflect his rank as PV2 and his blood type as "A."  Additionally his award of the Purple Heart should be added to his DD Form 214. 

3.  The applicant provides copies of his DD Forms 214 and Purple Heart Certificate.

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 on 18 September 1950.  He completed his training and departed for Japan on 31 January 1951.  He arrived in Japan on      2 February 1951 and departed for Korea on 7 February 1951.  He arrived in Korea on 8 February 1951 and was assigned to the 7th Cavalry Regiment.

4.  On 4 October 1951, the applicant was wounded in action when an enemy shell exploded near his position and he sustained shell fragment wounds to his left hand.  He was hospitalized and was returned to duty on 13 October 1951.

5.  He departed Korea on 7 December 1951 and was transferred to Japan where he remained until 14 December 1951 when he departed for Seattle, Washington.  He arrived in Seattle on 28 December 1951 and eventually was assigned to Fort Rucker, Alabama.  He was promoted to the temporary rank of private first class (PFC) on 13 June 1952.

6.  On 18 June 1952, he was honorably released from active duty (REFRAD) in the rank of PFC.  His DD Form 214 issued at the time of his discharge shows he was awarded the Combat Infantryman Badge and the Korea Service Medal with two bronze service stars.  It also shows his blood group in item 38 (Remarks) as being Blood Group “O”. 

7.  A review of the available records shows that he served on active duty from     3 September 1953 to 9 December 1954 and his DD Form 214 issued at that time shows his blood group as "A."

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in Korea and he has provided a Purple Heart Certificate to substantiate his claim.  Therefore, it is reasonable to presume that he was in fact awarded the Purple Heart and it should be added to his DD Form 214.

2.  The applicant served during qualifying periods for awards of the UNSM, NDSM and ROKWSM.  Accordingly, they should be added to his DD Form 214 dated 18 June 1952.

3.  The applicant’s subsequent DD Form 214 reflects a blood group of “A” and the applicant claims his correct blood type is “A.”  Accordingly, his DD Form 214 dated 18 June 1952 should be corrected to show his blood group as “A” instead of “O.”

4.  However, his contention that his DD Form 214 should show his rank as PV2  appears to lack merit.  The available records show that he was advanced to the rank of PFC on 13 June 1951, just 5 days before his REFRAD.  Therefore, in the absence of evidence to show otherwise, his rank appears to be correct.

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 correction of his DD Form 214 for the period ending 8 June 1952 as recommended below:

* Deleting the entry Blood Group “O” from item 38
* Adding the entry Blood Group “A” to item 38
* Adding the awards of the Purple Heart, UNSM, NDSM and ROKWSM to item 27 of his DD Form 214

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 changing his rank to PV2.

3.  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)                                         AR20140015884





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ABCMR Record of Proceedings (cont)                                         AR20140015884



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