IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150011650 BOARD VOTE: _____X____ __X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: : 21 June 2016 DOCKET NUMBER: AR20150011650 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: a. adding award of the Purple Heart (3rd Award) and Republic of Korea War Service Medal to his DD Form 214 for the period ending 8 December 1953, b. deleting award of the Purple Heart from his DD Form 214 for the period ending 6 December 1956, and c. adding award of the Purple Heart (3rd Award) and Republic of Korea War Service Medal to his DD Form 214 for the period ending 6 December 1956. _____________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. IN THE CASE OF: BOARD DATE: : 21 June 2016 DOCKET NUMBER: AR20150011650 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 military records to show three awards of the Purple Heart. 2. The applicant states: * he should have three Purple Hearts in his service records * he recently requested his service records from the National Archives and they do not reflect three Purple Hearts 3. The applicant provides a Department of Veterans Affairs card indicating he is a Purple Heart recipient. 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 (Report of Separation from the Armed Forces of the United States) for the period ending 8 December 1953 showing: * he enlisted in the Regular Army on 8 December 1948 for a period of 2 years * he voluntarily extended his enlistment for a period of 3 years * he served in Korea * he was honorably discharged on 8 December 1953 for expiration term of service 4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded or authorized the: * Korean Service Medal with five bronze service stars * United Nations Service Medal * National Defense Service Medal 5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this DD Form 214 shows he was wounded in action on the following dates: * 5 November 1950 * 9 November 1951 6. The U.S. National Archives and Records Administration Korean War Casualty File shows he was wounded in action in Korea on the following dates: * 5 November 1950 * 13 February 1951 * 9 March 1951 7. He enlisted in the Regular Army on an unknown date (estimated as on or about 18 June 1954). His records do not contain a DD Form 214 covering this period. 8. His records contain a DD Form 214 for the period ending 6 December 1956 showing: * he reenlisted on 28 July 1956 for a period of 6 years * he was discharged under honorable conditions for unsuitability on 6 December 1956 9. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded or authorized the: * Army of Occupation Medal (Germany) * United Nations Service Medal * National Defense Service Medal * Army of Occupation Medal (Japan) * Korean Service Medal with one silver service star and one bronze service star * Purple Heart * Distinguished Unit Medal * Combat Infantryman Badge 10. Item 27 (Wounds Received as a Result of Action with Enemy Forces) of this DD Form 214 shows the entry "NONE." REFERENCES: 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 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 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. DISCUSSION: 1. The entries in the Korean War Casualty File showing he was wounded in action on 5 November 1950, 13 February 1951, and 9 March 1951 are accepted as sufficient evidence to show he was awarded three Purple Hearts. His DD Form 214 for the period ending 8 December 1953 does not show these medals and his DD Form 214 for the period ending 6 December 1956 shows only one Purple Heart. 2. He served a qualifying period for award of the Republic of Korea War Service Medal. His DD Forms 214 for the periods ending 8 December 1953 and 6 December 1956 do not show this medal. 3. The disparity in the dates he was wounded in action shown on his DD Form 214 for the period ending 8 December 1953 and those recorded in the Korean War Casualty File is noted. The available evidence is insufficient to determine which dates are in error and he did not request correction of item 29 of his DD Form 214 for the period ending 8 December 1953. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011650 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011650 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2