IN THE CASE OF: BOARD DATE: 7 February 2012 DOCKET NUMBER: AR20110015282 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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal. In a telephone conversation with a Board analyst on 26 January 2012, he amended his application to delete the Bronze Star Medal and add the Purple Heart. 2. The applicant states, in effect, that he was wounded but the Purple Heart does not appear on his DD Form 214. 3. The applicant provides: * his DD Form 214 * a Honorable Discharge certificate, dated 26 September 1956 * a copy of the Bronze Star Medal with his name engraved on it * a card from the Secretary of the Army * a letter from the Veterans of Foreign Wars, dated 22 June 2011 * a letter from the Joint Services Records Research Center, dated 29 June 2011 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, this case is being considered using reconstructed records, which primarily consist of his DD Form 214. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 20 October 1950. On 21 July 1952, the applicant was released from active duty after completing 1 year, 9 months, and 2 days of creditable active service. 4. Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the: * Combat Infantryman Badge * Korean Service Medal with 4 bronze service stars * United Nations Service Medal. 5. Item 30 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "22 JUL 51 2ND AND 3RD DEGREE BURNS, RIGHT HAND." 6. There are no orders in the applicant's records that show he was awarded the Purple Heart; however, his name appears on the Korean Casualty Roster as being wounded on 22 July 1951. He was treated for his wounds and returned to duty. 7. The applicant's Army Medical Treatment Records are unavailable. 8. 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. 9. Army Regulation 600-8-22 as amended provides 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 (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. DISCUSSION AND CONCLUSIONS: 1. There are no general orders awarding the applicant the Purple Heart; however, his name is listed on the Korean Casualty Roster and his DD Form 214 shows that he received 2nd and 3rd degree burn wounds to his right hand on 22 July 1951. 2. The above evidence is accepted as sufficient to show that the applicant was wounded as a result of hostile action. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 22 July 1951. 3. The applicant met the eligibility criteria for award of the National Defense Service Medal and the Republic of Korea War Service Medal. Therefore, his DD Form 214 should be amended to add these awards 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: a. by awarding him the Purple Heart for wounds sustained on 22 June 1951; and b. by amending his DD Form 214 for the period ending 21 July 1952 to add: * Purple Heart * National Defense Service Medal * Republic of Korea War Service Medal _______ _ __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) AR20110015282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110015282 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1