RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2007 DOCKET NUMBER: AR20060014050 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Gerard W. Schwartz Acting Director Ms. Joyce A. Wright Analyst The following members, a quorum, were present: Mr. Lester Echols Chairperson Ms. Linda M. Barker Member Mr. Michael J. Flynn Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show that he was awarded the Purple Heart. 2. The applicant states, in effect, that he was injured as a result of hostile action and was never awarded the Purple Heart. 3. The applicant provides a copy of his rating decision by VA (Department of Veterans Affairs), dated 3 July 2006 and a copy of a newspaper article in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 27 June 1953, the date of his release from active duty. The application submitted in this case is dated 18 September 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he entered active duty on 25 September 1951, and was trained in military occupational specialty (MOS), 1844, as a Field Artillery Chief. He was promoted to specialist on 20 November 1952. He completed 1 year, 2 months, and 18 days of foreign service. He continued to serve until he was released from active duty on 27 June 1953. He was transferred to the Enlisted Reserve Corps. 4. The applicant's DD Form 214 shows he was awarded the Commendation Ribbon [correctly known as the Army Commendation Medal], the United Nations Service Medal, and the Korean Service Medal with three bronze service stars. 5. Item 29 (Wounds Received in Action With Enemy Forces), of his DD Form 214, shows the entry "NONE." 6. The applicant provides a copy of WD AGO Form 8-26, dated 24 December 1952, which shows that he received an abrasion to his face, from a shell fragment wound, on 24 December 1952, in the vicinity of North Korea. His abrasion was cleaned and dressed. 7. The applicant’s name does not appear on the Korean War Casualty File for a wound received on 24 December 1952 during his service in Korea. 8. The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which show that the applicant received a battle injury on 24 December 1952, while serving in Korea. He was diagnosed as having an abrasion to his face that was caused by explosive projectile shells from gun, mortar, etc: Explosive projectile shells, unspecified, struck while on land. His injury was a direct result of action against or by an organized enemy. His injury was considered as a battle morbidity. 9. The applicant provides a copy of an undated newspaper article that states, in effect, that his wife was notified that he was injured in Korea on 24 December 1952 and his injuries were not serious enough to cause him to leave his company but was recommended as a recipient of the Purple Heart. He was serving with the 2nd Division in Korea. 10. The VA decision document states that the applicant was granted a 30 percent disability rating for hearing loss effective 14 July 2005. His service medical records show he was treated for a shell fragment wound to his face in Korea in December of 1952. He was noted to have a hearing defect due to the noise in March 1953, but did not receive treatment at that time. 11. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. 12. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation, by Department of the Army General Orders Number 10, dated 1954. 13. The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the ROKKWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 14. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows that the applicant was wounded in action as a result of enemy action on 24 December 1952 while serving in Korea. He was diagnosed as receiving an abrasion to his face. His injury was a direct result of action against or by an organized enemy and was considered as a battle morbidity. Therefore, this evidence is sufficient to approve and correct his records to show the award of the Purple Heart. 2. The evidence of record shows that the applicant is entitled to award of the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 3. The evidence shows the applicant served during the qualifying period for award of the Republic of Korea - Korean War Service Medal. He is therefore entitled to this award and to have it added to his DD Form 214. 4. The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal. He is therefore entitled to this award and to have it added to his DD Form 214. 5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 June 1953, the date of his separation from active duty. As a result, the time for the applicant to file a request for correction of any error or injustice expired on 26 June 1956. The applicant did not file within the ABCMR’s 3-year statute of limitations. However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case. BOARD VOTE: ___e____ ___LB___ __MJF__ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart; the Republic of Korea Presidential Unit Citation; the Republic of Korea-Korean War Service Medal; and the National Defense Service Medal. ____Lester Echols__________ CHAIRPERSON INDEX CASE ID AR20060014050 SUFFIX RECON YYYYMMDD DATE BOARDED 20070329 TYPE OF DISCHARGE HD DATE OF DISCHARGE 19530627 DISCHARGE AUTHORITY AR 615-363 DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.