BOARD DATE: 20 January 2010 DOCKET NUMBER: AR20090013275 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 and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show this award. 2. The applicant states that he was never awarded the Purple Heart and it was not noted on his service records. He indicates that while he was in Korea the Battalion Headquarters was flooded and the records were lost and that a fire in the United States burned a lot of records. 3. In support of his application, the applicant provides a letter, dated 17 December 1951, from a Member of Congress to the applicant's mother informing her that the applicant was wounded in action in Korea. 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 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 that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 26 May 1950 for a period of 3 years. He served as an infantryman in Korea and was honorably discharged on 25 May 1953. 4. The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with four bronze service stars, and the United Nations Service Medal as authorized awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "None." 5. There are no orders for the Purple Heart in the available records. 6. The Korean Casualty Roster shows the applicant was wounded in action on 4 October 1951. 7. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 4 October 1951 in Korea for a wound to his knee as a direct result of action by an organized enemy. The causative agent was explosive projective shells from a gun or mortar. 8. Army Regulation 600-8-22 (Military Awards) 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 by military personnel, and the medical treatment must have been made a matter of official record. 9. 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. 10. Army Regulation 600-8-22 states that 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. The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. DISCUSSION AND CONCLUSIONS: 1. The medical evidence of record which shows the applicant was hospitalized on 4 October 1951 in Korea for a knee wound as a direct result of enemy action is accepted as sufficient evidence on which to base award of the Purple Heart and correction of his DD Form 214 to show this award. 2. The applicant served a period of qualifying service for award of the National Defense Service Medal and the Republic of Korea War Service Medal. Therefore, his DD Form 214 should be corrected to show these medals. 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 received in action on 4 October 1951 in Korea; b. adding the Purple Heart, the National Defense Service Medal, and the Republic of Korea War Service Medal on his DD Form 214; c. deleting the entry in item 29 on his DD Form 214; and d. adding the entry "Korea, 4 October 1951" in item 29 on 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) AR20090013275 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090013275 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1