RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   21 February 2007
	DOCKET NUMBER:  AR20060007769 


	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.



Director



Analyst


The following members, a quorum, were present:


Chairperson


Member


Member

	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, in effect, that this military records be corrected to show the award of the Bronze Star Medal with “V” (for Valor) Device, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Republic of Korea – Korean War Service Medal, and the Republic of Korea Wharang Distinguished Military Service Medal conferred upon him by the Government of the Republic of Korea.

2.  The applicant essentially states that these awards are not shown on his 
DD Form 214 (Report of Separation From the Armed Forces of the United States).  

3.  The applicant provides his DD Form 214; a casualty report showing that he was wounded in action on 8 October 1952; two letters of appreciation with one endorsement; his Honorable Discharge Certificate; a Certificate of Appreciation; correspondence related to his ceremony when he was awarded Bronze Star Medal with “V” Device; a letter, dated 19 July 1955, from the Office of the Adjutant General which authorized him to accept the award of the Wharang Distinguished Military Service Medal; and an AGO Form 0657 (Department of the Army, Office of the Adjutant General, Authorization for Issuance of Awards) which shows that he is authorized the Good Conduct Medal, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
28 May 1953, the date of his release from active duty.  The application submitted in this case is dated 20 April 2006.

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 limitations 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 complete 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 estimated that 80 percent of the records of Army personnel discharged between 1 November 1912 and 1 January 1960 were destroyed, and it is believed that the majority of the applicant’s records were lost or destroyed in that fire.  However, there are sufficient documents remaining to conduct a fair and impartial review of this case.

4.  The available records show that the applicant was inducted into the Army of the United States on 27 March 1951.  He completed basic and advanced individual training and was awarded military occupational specialty 1814 (Infantryman).  He was honorably released from active duty on 28 May 1953.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show that he was awarded the Bronze Star Medal with “V” Device.  However, he was awarded the Bronze Star Medal with “V” Device by Headquarters, 2nd Infantry Division General Orders Number 182, dated 26 May 1953.

6.  Item 27 of the applicant’s DD Form 214 also does not show that he was awarded the Purple Heart.  However, item 29 (Wounds Received as a Result of Action with Enemy Forces) of this same form shows that he was wounded in action on 8 October 1952 in Korea.  There is also medical documentation in the available records which corroborates this entry.  The applicant’s name is also listed on the Korea War Casualty Roster.  Additionally, he was awarded the Purple Heart by Adjutant General Letter Orders, dated 11 June 1953.

7.  The available records show that the applicant served 2 years, 2 months, and 2 days of continuous enlisted active duty service from 27 March 1951 to 28 May 1953.  However, his DD Form 214 does not show that he was awarded the Good Conduct Medal or the National Defense Service Medal for this period of service.  There is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.

8.  The applicant’s DD Form 214 essentially shows that he served over 
30 consecutive days in Korea during the Korean War; however, his DD Form 214 does not show that he was awarded the Republic of Korea - Korean War Service Medal.  The Department of Defense approved acceptance and wear of the Republic of Korea - Korean War Service Medal on 20 August 1999.

9.  Item 27 of the applicant’s DD Form 214 also does not show that he was awarded the Republic of Korea Wharang Distinguished Military Service Medal.  However, in a letter, dated 19 July 1955, the Office of the Adjutant General authorized the applicant to accept the award of the Wharang Distinguished Military Service Medal conferred upon him by the Government of the Republic of Korea.

10.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists, in pertinent part, the unit awards given to units during the Korean War.  It shows that at the time of the applicant’s assignment to the 23rd Infantry Regiment, the unit was cited for award of the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 10, dated 1954.  

12.  The applicant’s DD Form 214 shows that he was awarded the Korean Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-2 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 5-9 contains the regulatory guidance on the Korean Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Korean War campaign a member is credited with participating in. Table B-1 contains a list of Korean War campaigns, and although his exact dates of service in Korea could not be established, based upon him being wounded in action in Korea on 8 October 1952, it could be established that he participated in the Korea Summer-Fall 1952 campaign.  

13.  Army Regulation 600-8-22 (Military Awards) 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

14.  Army Regulation 600-8-22, paragraph 4-5 states, in pertinent part, that the Army Good Conduct Medal may be awarded upon termination of service on or after 27 June 1950 for continuous enlisted active Federal military service of less than three years but more than one year. 

15.  Army Regulation 600-8-22, paragraph 2-10 states, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.  
16.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the 
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that this military records should be corrected to show the award of the Bronze Star Medal with “V” Device, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Republic of Korea – Korean War Service Medal, and the Republic of Korea Wharang Distinguished Military Service Medal conferred upon him by the Government of the Republic of Korea.

2.  General orders awarded the applicant the Bronze Star Medal with “V Device which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal with “V” Device.

3.  Evidence of record clearly shows that he was awarded the Purple Heart for wounds received in action against the enemy on 8 October 1952; therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

4.  Evidence of record shows that the applicant completed 2 years, 2 months, and 2 days of honorable and faithful enlisted active duty service which terminated on 28 May 1953.  Therefore, he is entitled to award of the Good Conduct Medal for the period 27 March 1951 to 28 May 1953, and correction of his military records to show award of the Good Conduct Medal.  

5.  The applicant served on active duty during a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show the award of the National Defense Service Medal.

6.  The applicant served at least 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.  Therefore, he is entitled to award of the Republic of Korea – Korean War Service Medal, and correction of his military records to show the award of the Republic of Korea – Korean War Service Medal.

7.  The applicant was authorized by the Office of the Adjutant General to accept the Republic of Korea Wharang Distinguished Military Service Medal conferred upon him by the Government of the Republic of Korea.  Therefore, he is entitled to correction of his military records to show the award of the Republic of Korea Wharang Distinguished Military Service Medal.

8.  General orders awarded the Republic of Korea Presidential Unit Citation to the 23rd Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Korea Presidential Unit Citation, and correction of his military records to show this unit award.  

9.  While the applicant’s exact dates of service in Korea during the Korea War could not be established, it is known that he participated in the Korea Summer-Fall 1952 campaign.  Therefore, he is entitled to correction of his military records to show one bronze service star to be affixed to his already awarded Korean Service Medal.

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 May 1953, the date of his release from active duty.  As a result, the time for him to file a request for correction of any error or injustice expired on 27 May 1956.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there are no time limitations on requests for award of the Purple Heart, and the relief being granted in this case.

BOARD VOTE:

__MT ___  __JH ___  ___DL___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  showing the award of the Bronze Star Medal with “V” Device for heroic achievement in connection with military operations against an enemy of the United States from 6-8 October 1952;

b.  showing the award of the Purple Heart for wounds received as a result of hostile action on 8 October 1952;

c.  awarding him the Good Conduct Medal for the period 27 March 1951 to 28 May 1953 while serving as a private first class;

d.  awarding him the National Defense Service Medal, the Republic of Korea – Korean War Service Medal, and the Republic of Korea Presidential Unit Citation; 

e.  showing the award of the Republic of Korea Wharang Distinguished Military Service Medal conferred upon him by the Government of the Republic of Korea; and

f.  showing one bronze service star to be affixed to his already-awarded Korean Service Medal.




_____  Marla Troup_______
          CHAIRPERSON




INDEX

CASE ID
AR20060007769
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0014.0000
2.
107.0015.0000
3.
107.0056.0000
4.
107.0069.0000
5.
107.0142.0000
6.
107.0092.0000
7.
107.0000.0000 (Wharang Distinguished Military Service Medal)
8.
107.0070.0000 (add bronze service star)
9.
110.0400.0000