IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150006272 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) for the period ending 15 July 1955 to show award of the Purple Heart, United Nations Service Medal (UNSM), Republic of Korea Presidential Unit Citation (ROKPUC), and Presidential Unit Citation (PUC). 2. The applicant states he was told his records were not available from the National Personnel Records Center due to the loss of records in the fire. He was awarded these medals and now they are not of record. 3. The applicant provides a Korean War casualty report. 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. His records contain a DD Form 214 which shows he had completed 3 years and 3 months of prior active service (includes Korean service). He reenlisted in the Regular Army on 8 August 1952 for a period of 3 years. He was honorably released from active duty on 15 July 1955. 4. His DD Form 214 for the period ending 15 July 1955 shows he was awarded or authorized the: * Army Good Conduct Medal * Army of Occupation Medal with Germany Clasp * National Defense Service Medal 5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "NONE." 6. There are no orders for the Purple Heart in the available records. 7. The Korean casualty roster shows he was wounded in action on 5 April 1951. 8. There is no evidence of record which shows the applicant's unit of assignment in Korea. 9. His inclusive dates of service in Korea are not available. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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. b. The UNSM is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM. c. The PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. d. 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. The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. e. The Korean Service Medal (KSM) is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. A bronze service star is authorized with award of the KSM for each campaign a member is credited with participating in. 11. Army Regulation 635-8 (Separations Processing and Documents), currently in effect, states to list all Federally-recognized awards and decorations for all periods of service on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's military records and his DD Form 214 covering his prior active service (Korean service) are not available to the Board for review. However, since the current regulation states all Federally-recognized awards and decorations for all periods of service will be listed on the DD Form 214, there is no harm to the applicant or the Army by listing all of his authorized awards on his final DD Form 214. 2. The entry on the Korean casualty roster which shows he was wounded in action on 5 April 1951 is accepted as sufficient evidence on which to base adding award of the Purple Heart to his DD Form 214 for the period ending 15 July 1955. In addition, item 29 of this DD Form 214 should also be corrected to show this information. 3. It is reasonable to presume that he served a qualifying period for award of the UNSM and ROKWSM. His DD Form 214 for the period ending 15 July 1955 should be corrected to show these medals. 4. Based on his service in Korea (inclusive dates of service are unknown), he is eligible for award of the KSM with at least one bronze service star. His DD Form 214 for the period ending 15 July 1955 should be corrected to show this award. 5. Since the available evidence does not show his unit of assignment in Korea, it cannot be determined if his unit was cited for award of the ROKPUC or PUC during his period of assignment. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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, UNSM, ROKWSM, and KSM with one bronze service star to his DD Form 214 for the period ending 15 July 1955. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding award of the ROKPUC or PUC to his DD Form 214 for the period ending 15 July 1955. __________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) AR20150006272 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006272 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1