IN THE CASE OF: BOARD DATE: 15 July 2008 DOCKET NUMBER: AR20080006971 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, in effect, that he be awarded the Purple Heart. 2. The applicant states he received fragmentation wounds all over his body on 6 October 1952, as noted on his DD Form 214 (Report of Separation from the Armed Forces of the United States). 3. The applicant provides a copy of 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 military records were partially lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the DD Form 214 provided by the applicant. 3. The applicant entered active duty on 21 June 1951 and served in Korea with the 17th Infantry Regiment as an infantryman. 4. He was released from active duty on 25 March 1953 under the provisions of Army Regulation 615-365 for the Convenience of the Government due to a preexisting physical or medical condition. He had 1 year, 9 months, and 3 days of creditable service. 5. The DD Form 214 lists his awards as the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge. 6. Block 29 (Wounds Received as a Result of Enemy Action) of the DD Form 214 shows that the applicant received fragmentation wounds "all over body" on 6 October 1952. 7. Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides for award of the Purple Heart to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 8. Army Regulation 600-8-22, paragraph 9-16 provides for award of the Republic of Korea War Service Medal 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. Due to the destruction of the applicant's service records in the 1973 fire there is no record of treatment of the wounds available. 2. However, the applicant's DD Form 214 specifically states that he received wounds as a result of enemy action on 6 October 1952. 3. Therefore, it is appropriate to correct the applicant's records by awarding him the Purple Heart for wounds received on 6 October 1952. 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 on 6 October 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) AR20080006971 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006971 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1