IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140016781
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 Korea and was awarded the Purple Heart. The Purple Heart was forgotten and omitted from his discharge document. His DD Form 214 indicates he was wounded. He discovered the Purple Heart was not reflected on his DD Form 214 when he applied for benefits from the Department of Veterans Affairs.
3. The applicant provides copies of a Physical Condition Profile and his DD Form 214.
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 the cases 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.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of his case.
3. The applicant provided copies of the following:
a. a DD Form 214 which shows he enlisted in the Regular Army on 28 September 1951 and served in military occupational specialty 3706 (bath section leader); and
b. a Physical Condition Profile, dated 22 December 1952, which shows the 121st Evacuation Hospital assigned him a permanent profile for a gunshot wound to his right foot. He was returned to duty and was found unfit for the following types of activity: no combat, no prolonged standing or walking, and no calisthenics.
4. He was honorably discharged on 27 September 1954 at the expiration of his term of service. He was credited with completing 3 years of active service and 1 year, 4 months, and 12 days of foreign service. His DD Form 214 lists in:
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:
* United Nations Service Medal
* Korean Service Medal
* National Defense Service Medal
* item 29 (Wounds Received as a Result of action with Enemy Force) "LWA [lightly wounded in action] SWA [seriously wounded in action] Right Leg & Foot"
5. The Korean War Casualty list does not list his name.
6. Army Regulation 600-8-22 (Military Award) prescribes the policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Purple Heart is awarded for a wound sustained as a result of enemy 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The available medical evidence shows he was LWA/SWA in his right leg and foot. On or about 22 December 1952, he was medically evaluated, received treatment, and that treatment was made a matter of official record. Upon his return to duty his was assigned a permanent profile for his injury to his right foot. His DD Form 214 also lists that he was LWA/SWA in the right leg and foot.
2. The available medical evidence and the entry in item 29 of his DD Form 214 are sufficient to award him the Purple Heart for wounds received in action in Korea on or about 22 December 1952 and to add it to his DD Form 214.
3. In view of the foregoing, it would be appropriate to amend item 29 of his DD Form 214 to show he was wounded in action in Korea on 22 December 1952.
4. Although the dates of his service in Korea are unknown, it appears he completed a qualifying period of service for award of the Republic of Korea War Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
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 corrected by:
* awarding him the Purple Heart for wounds received in action in Korea on 22 December 1952
* adding to his DD Form 214 the:
* Purple Heart
* Republic of Korea War Service Medal
* adding to item 29 of this form the entry "Korea 22 December 1952"
_______ _ _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) AR20140016781
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140016781
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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