IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004673 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 show award of the Purple Heart. 2. The applicant states the Purple Heart was properly awarded to him during the Korean War for wounds incurred in combat action on 17 October 1951. He has been reissued his awards and decorations from the National Archives. The Purple Heart was included and as such it follows the original order must be within his official military records. 3. The applicant provides copies of: * Western Union telegram * DD Form 214 (Report of Separation from the Armed Forces of the United States) * Department of Veterans Administration (VA) letter, dated 14 April 1954 * DA Form 1577 (Authorization for Issuance of Awards), dated 3 December 1997 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 that his records were damaged in that fire. However, there is adequate documentation 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 29 January 1951. 4. He was discharged on 28 January 1954 in the rank of master sergeant. He had completed 3 years of active duty service with 1 year, 2 months and 8 days of foreign service. His DD Form 214 shows he was awarded or authorized the Combat Infantryman Badge, Korean Service Medal with three bronze service stars, Army of Occupation Medal (Japan), United Nations Service Medal, and National Defense Service Medal. 5. A review of the available records failed to reveal a copy of his Purple Heart orders. 6. The applicant provides copies of: a. A Western Union telegram showing he was seriously wounded in action in Korea on 17 October 1951. b. A 14 April 1954 VA letter notifying him the VA had decided to award him monthly payments for "wound of left shoulder rated at 10%. Also service connected but less than 10% disabling is wound of left thigh." 7. The U. S. Army Surgeon General Hospitalization File Listing 1950-1953 shows he was hospitalized on 17 October 1951 in Korea for 2 days as a result of being wounded as a direct result of action against or by an organized enemy. 8. A DA Form 1577 (Authorization for Issuance of Awards), dated 3 December 1997, shows he was issued the Purple Heart. 9. 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. 10. Army Regulation 600-8-22 states 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 must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. DISCUSSION AND CONCLUSIONS: 1. Notwithstanding the absence of his Purple Heart orders, the available evidence shows he was wounded in action in Korea on 17 October 1951. The medal should be added to his DD Form 214. 2. His service meets the criteria for the Republic of Korea War Service Medal. The medal should also be added to his DD Form 214. BOARD VOTE: ___x____ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the Purple Heart and Republic of Korea War Service Medal to 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) AR20110019235 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004673 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1