IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007519 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 award of the Purple Heart. 2. The applicant states he “was injured due to an arterial [sic] round” while in South Korea on 18 May 1951. He is unaware if he was put in for the award while in the hospital and not with his unit. 3. The applicant provides two DD Forms 256 (Honorable Discharge Certificates) and a National Archives Database Printout from the U.S. National Archives & Records Administration. 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 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. On 20 July 1950, he enlisted in the Regular Army (RA). He held military occupational specialty 4812 (Heavy Machine Gunner) and his most significant duty assignment (i.e., his last duty assignment) was with the 38th Infantry Regiment, 2nd Infantry Division. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows: a. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Combat Infantryman Badge, Distinguished Unit Emblem, Korean Service Medal with 3 bronze service stars, and the Republic of Korea Presidential Unit Citation. b. Item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry “Kumsong Valley Korea – 18 May 1951.” 4. On 12 August 1952, he was discharged for immediate reenlistment in the RA. 5. On 30 November 1954, he was retired by reason of temporary disability and credited with 4 years, 4 months, and 6 days of net active service. The DD Form 214, for this period shows in item 27: the Korean Service Medal with 5 bronze service stars, National Defense Service Medal, United Nations Service Medal and the Combat Infantryman Badge. 6. The record is void of documentation showing the applicant was awarded the Purple Heart. 7. A casualty report, dated 26 May 1951 shows the applicant was wounded in action in South Korea on 18 May 1951 and returned to duty on 22 May 1951. 8. A review of the Korean War Casualty File for the period 13 February 1950 through 31 December 1953 shows he was hospitalized on 18 May 1951. 9. Although the exact dates the applicant served in Korea cannot be confirmed his military pay records show he arrived on 13 January 1951 and received combat zone exemption pay through June 1951 and foreign duty pay through 6 November 1951. 10. In support of his application the applicant provides a National Archives Database Printout, printed on 16 April 2015 which shows he was seriously wounded in action by a missile in Korea on 18 May 1951. 11. 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 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. 12. A review of his record indicates he is entitled to an additional award not listed on his DD Form 214. 13. The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) 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 ROK-KWSM, 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was wounded as a result of hostile action on 18 May 1951 while serving in Korea. He is entitled to correction of his DD Form 214, dated 11 August 1952, to show the Purple Heart. 2. The applicant's service meets the criteria for award of the ROK-KWSM. He is entitled to correction of his record to show this award. 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 * awarding him the Purple Heart for wounds received in action on 18 May 1951 * adding to his DD Form 214, dated 11 August 1952, the * Purple Heart * 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) AR20150007519 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007519 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1