IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150018254 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: 4 April 2017 DOCKET NUMBER: AR20150018254 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 issuing a Purple Heart Certificate to him and amending his DD Form 214 for the period ending 8 September 1954 by adding the: * Purple Heart * Navy Unit Commendation * Republic of Korea Presidential Unit Citation ___________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: 4 April 2017 DOCKET NUMBER: AR20150018254 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) by adding his already-awarded Purple Heart. 2. The applicant states, in effect, General Order (GO) Number 127, dated 11 July 1953, issued by Headquarters, 7th Medical Battalion, awarded him the Purple Heart for wounds incurred in combat at Chang-Gol, Korea. He received the medal, but did not receive the certificate. This may have been because they misspelled his name on the order. However, the order correctly shows his military serial number. 3. The applicant provides a copy of his DD Form 214 and GO Number 127. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: Counsel states the applicant never received this award and is now 84 years old. He always thought his paperwork was correct until he was shown the error. He would now like his records corrected. 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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. The Army personnel records affected dated from November 1912 to January 1960. It is believed his records were lost or destroyed in that fire. However, he provides a copy of his DD Form 214 and the GO that awarded him the Purple Heart. These documents provide a sufficient basis to address the applicant's request. 3. The applicant was inducted into the Army of the United States on 19 November 1952. His DD Form 214 shows at the time of his separation: * he held an infantry military occupational specialty * his most significant assignment was Company I, 32nd Infantry Regiment 4. He was honorably released from active duty on 8 September 1954. His DD Form 214 shows he completed 1 year, 9 months, and 20 days of net active creditable service, of which 1 year, 4 months, and 5 days was foreign service (presumably all in Korea). He was awarded or authorized: * Korean Service Medal with one bronze service star * Combat Infantryman Badge * United Nations Service Medal * National Defense Service Medal * Army Good Conduct Medal (1st Award) 5. The applicant provides GO Number 127, dated 11 July 1953, issued by Headquarters, 7th Medical Battalion, awarding him the Purple Heart for wounds incurred on 11 July 1953. The order appears to misspell his name, listing it as KExx instead of KRxx, but the military serial number matches the number listed on his DD Form 214. REFERENCES: Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 32nd Infantry received two unit awards: * Republic of Korea Presidential Unit Citation for the period 30 September 1950 to 27 July 1953, as announced in Department of the Army General Order (DAGO) Number 22, dated 1956 * Navy Unit Commendation for the period 7 to 27 July 1953, as announced in DAGO Number 38, dated 1957 DISCUSSION: 1. GO awarded the applicant the Purple Heart for wounds incurred on 11 July 1953. This award is not reflected on his DD Form 214 and he states he was not issued the certificate that accompanies this award. 2. DAGO awarded the 32nd Infantry Regiment the Navy Unit Commendation and the Republic of Korea Presidential Unit Citation for periods coinciding with his assignment to the unit. These two awards are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018254 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018254 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2