IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150008184 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 the Purple Heart. 2. The applicant states he was wounded in action in Korea on 25 February 1953. His wound is shown on his DD Form 214, but the Purple Heart is not. 3. The applicant provides his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code (USC), 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 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 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 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. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 20 November 1951. 4. His DD Form 214 further shows he completed 1 year and 9 months of creditable active military service, including 1 year of foreign service. He was honorably discharged from active service on 29 August 1953. His DD Form 214 shows in: * Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Korean Service Medal with two bronze service stars, United Nations Service Medal, Combat Infantryman Badge, and Bronze Star Medal * Item 29 (Wounds Received as a Result of Action with Enemy Forces) –"LWA-GSW-LEFT FOOT DTD 25 FEB 53-KOREA" indicating he was wounded in action when he suffered a gunshot wound to his left foot in Korea on 25 February 1953 5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states: a. The Purple Heart is awarded for a wound sustained 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. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive. c. 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 for 30 consecutive days 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. The applicant's DD Form 214 clearly shows he was wounded in action on 25 February 1953 in Korea. He meets the criteria for award of the Purple Heart and correction of his DD Form 214 to show it. 2. He served a qualifying period of service for the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on 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: * awarding him the Purple Heart for wounds received in action on 25 February 1953 in Korea * adding to item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, and 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) AR20150008184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1