RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003088568


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Ms. Yolanda Maldonado		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

---

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests award of the Purple Heart.

2. The applicant states that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not reflect the Purple Heart. He states that he was wounded in Seoul, Korea in September 1952 in a fire-fight. He also states that the wound was from a hand grenade and he was subsequently placed in the military hospital in Tokyo, Japan for an infection of the left leg bone.

3. The applicant provides a copy of his DD Form 214; his Honorable Discharge Certificate; a Headquarters, 279th General Hospital physical condition report; and a personal statement.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 12 September 1953. The application submitted in this case is dated 30 January 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. 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.

4. The applicant enlisted in the Regular Army on 25 September 1950. He served in Korea; however, the specific dates are not available. He was honorably discharged on 12 September 1953 in the rank of sergeant. His DD Form 214 shows he completed 2 years, 11 months, and 18 days of active military service with no days of lost time. His unit was listed as the 351st Communications Reconnaissance Company.

5. The applicant's DD Form 214 shows the Korean Service Medal with two bronze service stars and the United Nations Service Medal as authorized awards.
6. Item 29 (Wounds Received as a Result of Action with Enemy) on his DD Form 214 shows the entry "NONE." The applicant's name is not listed on the Korean Casualty Roster.

7. The applicant submitted a Headquarters, 279th General Hospital physical condition report dated 19 December 1952. This document shows he was given a physical profile of 113111 for an infection of the bone in his left leg. There is no evidence which shows he sustained injuries as a result of hostile action.

8. The historical files of the 351st Communications Reconnaissance Company were reviewed at the National Archives in College Park, Maryland. The review failed to identify the applicant as being entitled to award of the Purple Heart.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

10. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

11. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal 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. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the ABCMR to add this foreign award to his DD Form 214.

12. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This qualifying period is 3 years. However, effective 27 June 1950, the qualifying period was modified to include a period of less than 3 years but more than one year when the period for the first award ended with the termination of a period of Federal military service.

DISCUSSION AND CONCLUSIONS:

1. There are no orders which authorize award of the Purple Heart to the applicant. He is not listed on the Korean Casualty Roster.

2. It is noted that the applicant had an infection of the bone in his left leg during the period he served in Korea; however, there is no evidence of record which shows this condition was the result of a wound sustained from hostile action.

3. The applicant attained the rank of sergeant in less than 3 years of service and he had no lost time. Therefore, it is determined that he met the eligibility criteria for award of the Army Good Conduct Medal for the period 25 September 1950 through 12 September 1953.

4. The evidence of record shows the applicant completed a period of honorable service from 25 September 1950 through 12 September 1953. Therefore, he met the eligibility criteria for award of the National Defense Service Medal.

BOARD VOTE:

AAO_____ LE______ YM______ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by awarding him the Army Good Conduct Medal for the period 25 September 1950 through 12 September 1953; and

b. by amending his DD Form 214 to show he was awarded the Army Good Conduct Medal and the National Defense Service Medal.

---

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.




                  Arthur A. Omartian____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003088568
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040127
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.