RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003090053


         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
Mr. Paul Wright		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests the Purple Heart (PH).

2. The applicant states his discharge does state that he was wounded, however, it does not state he received the PH.

3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).


CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 3 March 1955. The application submitted in this case is dated 15 April 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's DD Form 214 indicates that he enlisted in the Regular Army on 4 March 1952 for a period of 3 years. He apparently served in Korea for a period of 5 months and 15 days. Item 27 (Decorations, Medals, etc.) indicates he was awarded the Combat Infantryman Badge, the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal. Item 29 (Wounds Received as a Result of Action with Enemy Forces) indicates that he received a shrapnel wound with lacerations of the face in Korea on 24 December 1952. He was subsequently honorably released from active duty on 3 March 1955 and transferred to the Army Reserve. His rank at separation was Corporal.

5. The applicant's name appears on the Korean Casualty File as being wounded on 23 December 1952. It shows he was a member of the 38th Infantry Regiment, 2nd Infantry Division at the time.

6. Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states, in pertinent part, that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by the units which served in the Korean conflict. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10-54.

9. 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.

10. 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 Army Board for Correction of Military Records to add this foreign award to his DD Form 214.


DISCUSSION AND CONCLUSIONS:

1. The available evidence supports the applicant's claim for award of the PH. He is listed on the Korean Casualty Listing and his DD Form 214 shows he was wounded. Therefore, he is entitled to have this award listed on his DD Form 214.

2. The applicant served honorably and faithfully throughout his period of induction. During this period, the applicant was awarded the Combat Infantryman Badge. He entered active duty in the rank of Private and was released from active duty in the rank of Corporal. He achieved that rank in a period of 3 years, 0 months, and 0 days active duty. There is no indication of any lost time or indiscipline in the applicant's available personnel records or anything else to show that he was otherwise disqualified from receiving the GCMDL by any of his unit commanders. He is therefore entitled to award of the GCMDL for the period 4 March 1952 through 3 March 1955.

3. General Orders show the applicant is entitled to the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to correction of his records to show award of this foreign unit award.

4. The available records do not show the exact months that the applicant served in Korea. Therefore, the Board is unable to determine, if he might qualify for any additional awards as a result of any campaigns.

5. The applicant will be given an application packet for use should he desire to apply for the Korean War Service Medal.

BOARD VOTE:

__aao___ __le____ __ym____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 by adding the PH, the GCMDL, and the Republic of Korea Presidential Unit Citation to his DD Form 214.




                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090053
SUFFIX
RECON
DATE BOARDED	20040127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.	107.0092
4.
5.
6.