BOARD DATE: 23 October 2014 DOCKET NUMBER: AR20140004296 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 add the Purple Heart. 2. The applicant states the Purple Heart was omitted from his DD Form 214. He cannot find the certificate for award of the Purple Heart, but he found the medal he received. 3. The applicant provides a newspaper article and 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 complete 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 his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 8 March 1951, in Charlotte, NC, and entered active duty that same day. He served in the infantry and his most significant duty assignment was with Service Company, 30th Infantry Regiment. 4. The Korean War casualty roster and admissions cards created by the Office of the Surgeon General show he was wounded in action in Korea as a result of hostile enemy action on or around 21 September 1951. He was admitted to the hospital and treated for missile wounds to the hand and wrist. 5. His DD Form 214 shows he was honorably released from active duty on 11 December 1952. He completed 1 year and 9 months of net active service, of which 3 months and 16 days was credited as foreign and/or sea service. Additionally, his DD Form 214 shows he received mortar laceration wounds to his right hand and wrist as a result of hostile enemy action, and he was awarded or authorized the: * Korean Service Medal with one bronze service star * United Nations Service Medal * Combat Infantryman Badge 6. 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. 7. Army Regulation 600-8-22 states the Government of the Republic of Korea issued the Republic of Korea War Service Medal 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. To qualify for award of the Republic of Korea War Service Medal, 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. 8. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was wounded in action as a result of hostile enemy action. Additionally, he confirms he received the Purple Heart. Nevertheless, this award was inadvertently omitted from his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to add the Purple Heart. 2. He served a qualifying period for awards of the National Defense Service Medal and the Republic of Korea War Service Medal. Therefore, he is entitled to correction of his DD Form 214 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 by adding to his DD Form 214 the Purple Heart, Republic of Korea War Service Medal, and National Defense 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) AR20140004296 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004296 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1