IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150007510 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, in two applications, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his correct date of birth (DOB) and the Purple Heart (PH). 2. The applicant states his DD Form 214 should reflect his correct DOB and the PH. 3. The applicant provides: * copy of his military identification card * DD Form 214 * Certificate of Birth * Headquarters, Tokyo Army Hospital, General Order (GO) Number (#) 196, dated 12 June 1951 * NA Form 13038 (Certification of Military Service) 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using a reconstructed record that primarily consists of a partially legible copy of the applicant's DD Form 214 and Headquarters, Tokyo Army Hospital, GO # 196, dated 12 June 1951. 3. The applicant’s DD Form 214 shows he enlisted in the Regular Army on 1 November 1950 and continuously served on active duty until he was honorably discharged in the rank of private first class/E-3 on 12 August 1952. It also shows: * he completed 1 year, 9 months, and 12 days of creditable active duty service of which 11 months and 19 days was foreign service * item 10 (Date of Birth) contains the entry “” * item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards: * United Nations Service Medal * Combat Infantryman Badge * Korean Service Medal with 4 bronze service stars * item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “Korea – 4 Jun 1951.” 4. The applicant provides a copy of his certificate of birth that was issued on 20 July 1979. It shows he was born on 26 July 1931. 5. He provides the last page only of Headquarters, Tokyo Army Hospital, GO # 196, dated 12 June 1951. It is a group order that shows the applicant was assigned to the hospital’s Medical Holding Detachment and it includes the entry “near Hohyondong, Korea 4 June 1951.” 6. A review of the Korean Casualty File shows the applicant’s name is listed thereon identified as a casualty on 4 June, year unknown. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. a. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, and this treatment must have been made a matter of official record. b. Paragraph 2-10 states the NDSM 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. c. Paragraph 9-16 states the Republic of Korea War Service Medal (ROKWSM) is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days between 25 June 1950 and 27 July 1953. DISCUSSION AND CONCLUSIONS: 1. The evidence confirms that the applicant is entitled to the PH for a wound received in action in Korea on 4 June 1951, as evidenced by the information from the Korean Casualty File, the entry contained in item 29 of his DD Form 214, and the incomplete official order that he provides. 2. Based on the applicant’s active duty service and service in Korea, he is eligible for the NDSM and ROKWSM. 3. Regarding the applicant’s request to correct the DOB listed on his DD Form 214, absent any official military service records confirming the DOB he claims is correct was made a matter of record during him military service, there is an insufficient basis upon which to make this correction. 4. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the DOB shown on his birth certificate on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 5. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his the DOB shown on his birth certificate documented in his record. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 as shown below and issuing him a correction to his separation document accordingly: a. awarding him the Purple Heart for wounds received as a result of hostile action on 4 June 1951 and c. adding to item 27 of the applicant’s DD Form 214: * Purple Heart * National Defense Service Medal * Republic of Korea War Service Medal 2. The Board further determined that 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 correcting his date of birth. _____________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) AR20150007510 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007510 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1