IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140018583
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 award of the Purple Heart (PH).
2. The applicant states he has the medal but it is not listed on his DD Form 214.
3. The applicant provides his DD Form 214 and a rating decision from the Department of Veterans Affairs.
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 applicants complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents the applicant provides and the Korean War Casualty File.
3. He was inducted in the Army of the United States on 17 April 1952.
4. The Korean War Casualty File shows he was wounded in action in Korea on
5 February 1953.
5. On 26 January 1954, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows in:
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* United Nations Service Medal
* National Defense Service Medal
* Korean Service Medal with three bronze service stars
* Army Good Conduct Medal
* item 26 (Foreign and/or Sea Service) 1 year, 2 months, and 21 days
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) "LWA SFW [lightly wounded in action shrapnel fragment wound]," "PEN RT ARM [penetrating wound right arm]"
6. The available records are void of documentation indicating he was awarded the PH.
7. Army Regulation 600-8-22 (Military Awards) states the PH 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.
8. A review of his record indicates he is entitled to an additional decoration not shown on his DD Form 214.
9. Army Regulation 600-8-22 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 Korean War Casualty File and the applicants DD Form 214 confirm that he was wounded in action. These documents are a sufficient evidence to support awarding him the PH and correcting his DD Form 214 to show the award.
2. Based on his service in Korea he is eligible for the ROKWSM. He is entitled to correction of his DD Form 214 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:
a. awarding him the PH for wounds he received in action on 5 February 1953; and
b. adding to item 27 of his DD Form 214 the PH and ROKWSM.
_______ _ __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) AR20140018583
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ABCMR Record of Proceedings (cont) AR20140018583
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