IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017627
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was wounded by shrapnel in Korea on 1 June 1951.
3. The applicant provides 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 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 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 his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 9 July 1948, held military occupational specialty 3060 (Cook), and attained the rank of corporal.
4. His record contains a WD AGO Form 8-27 (Field Medical Card), his name is listed on the Korean War Casualty Roster, and his record contains information obtained from hospital admission cards. These documents show he was wounded by shrapnel in the scapular region of his back, while serving in Korea, on 1 June 1951, as a direct result of hostile enemy action and that his wounds were treated in a hospital in Japan.
5. He was honorably released from active duty on 18 June 1952. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry, "Shrapnel Wound in Back Korea 1 June 1951." However, his DD Form 214 does not list the Purple Heart or the National Defense Service Medal.
6. 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.
7. Army Regulation 600-8-22 states the National Defense Service Medal 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was wounded in action as a result of hostile action. Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to add this award.
2. He served a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to add 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:
a. awarding him the Purple Heart for wounds he received as a result of hostile action on 1 June 1951; and
b. adding the Purple Heart and the National Defense Service Medal to his DD Form 214.
___________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) AR20140017627
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ABCMR Record of Proceedings (cont) AR20140017627
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