ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  3 October 2019

	DOCKET NUMBER:  AR20190009198


APPLICANT REQUESTS:  Correction of his DD Form 214 (Report of Separation 
from the Armed Forces of the United States) to show the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant’s 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.  
This case is being considered based on the documents the applicant provided.

3.  The applicant states, in effect, his DD Form 214 does not show the Purple Heart.  
He contends that he was awarded the Purple Heart while he was in the hospital due 
to a combat injury.  He was hospitalized in Korea, Japan, and then transferred to 
California where he was discharged.  

4.  The applicant's DD Form 214 shows:

*	He was inducted into the Army of the United States and he entered active 
duty on 3 January 1952
*	He served 4 months and 16 days of foreign and/or sea service
*	He was awarded the Combat Infantryman Badge, Korean Service Medal with 
one bronze service star, United Nations Service Medal, and the National 
Defense Service Medal
*	He did not receive wounds as a result of action with enemy forces
*	He was honorably released from active duty on 14 December 1953
*	He completed 1 year, 11 months, and 12 days of active duty service

5.  The applicant's name is listed on the Korean War casualty roster as "wounded in 
action by missile, hospitalized" on 14 October 1952.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is warranted.

2.  The Board agreed that the evidence obtained from the Korean War casualty 
roster shows the applicant was wounded under circumstances meeting the criteria 
for award of the Purple Heart.   


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

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 incurred on 14 October 1952 and amending his DD Form 
214 as follows:

       *	Add the Purple Heart and Republic of Korea War Service Medal to item 27
       *	Replace the entry in item 29 with "Korea, 14 October 1952"

	  
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) 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 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 while on permanent 
assignment or on temporary duty for 30 consecutive or 60 non-consecutive days 
within the territorial limits of Korea or the waters immediately adjacent thereto.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190009198

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