RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060008659 


	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. Gerard W. Schwartz

Acting Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Paul M. Smith

Member

Mr. Jerome L. Pionk

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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 18 June 1952, to show award of the Purple Heart, the National Defense Service Medal, the Good Conduct Medal, credit for three campaigns in Korea, the Philippine Republic Presidential Unit Citation Badge, and the Navy Presidential Unit Citation.  

2.  The applicant states that the requested awards were left off his separation documents or had not been approved upon his leaving the service.  

3.  The applicant provides copies of his DD Form 214 and General Orders Number 110, for award of the Purple Heart, dated 12 November 1951, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 18 June 1952, the date of his release from active duty.  The application submitted in this case is dated 6 June 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 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 that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  

4.  Records show the applicant was inducted in the Army of the United States on 18 September 1950.  He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty 1812 (Heavy Weapons Infantryman Leader).  

5.  The applicant's DD Form 214 shows he was honorably released from Active Federal Service on 18 June 1952 and was transferred to the United States Army Reserve Control Group.  The applicant's DD Form 214 shows he had completed a total of 1 year, 9 months, and 1 days of creditable active military service with no time lost and the highest rank he attained while serving on active duty was sergeant.  

6.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 shows 9 months and 26 days of Foreign Service; however, there are no additional records which show when or where he served overseas.

7.  Item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, Korean Service Medal with three bronze service stars, the Presidential Unit Citation, or the Philippine Republic Presidential Unit Citation Badge.  

8.  There are no orders in the available service record that show the applicant was awarded the National Defense Service Medal, Korean Service Medal with three bronze service stars, the Presidential Unit Citation, the Philippine Republic Presidential Unit Citation Badge, or the Army Good Conduct Medal.  Further there is no evidence that the applicant was disqualified for award of the Army Good Conduct Medal (First Award).

9.  Item 27 (Decorations, Medals, Badges, Commendations Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that the applicant was awarded the Combat Infantryman Badge and the Korean Service Medal with two bronze service stars.

10.  Headquarters, Mobile Army Surgical Hospital, 8209 Army Unit General Orders Number 110, dated 12 November 1951, show the applicant was awarded the Purple Heart for wounds received in action against the enemy in vicinity of Hill 602, North Korea on 12 November 1951.  The General Orders also shows that the applicant was assigned to D Company 31st Infantry Regiment of the 7th Infantry Division.






11.  Item 38 (Remarks) of the applicant's DD Form 214 shows no time lost.

12.  The applicant's available record does not show that the applicant had any acts of indiscipline.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  

13.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

14.  Army Regulation 672-5-1 (Military Awards) in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

15.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.






16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.  

17.  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. 

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the (Navy) Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  

2.  General Orders show the applicant was awarded the Purple Heart for wounds received in action against the enemy in the vicinity of Hill 602, North Korea on 12 November 1951.  Therefore, his records should be corrected to show this award. 

3.  The applicant contends that he is entitled to award of the Good Conduct Medal.



4.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant's records do not show lost time or any indication of any acts of indiscipline.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, the applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  

5.  The applicant contends that he is entitled to award of the National Defense Service Medal.

6.  Evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, the applicant is entitled to have his record corrected to show this award.  

7.  The applicant contends that he is entitled to receive credit for three campaigns for his service in Korea.

8.  The applicant's DD Form 214 shows that the applicant participated in two campaigns during his service in the Korean War; however, absent such evidence to the contrary there is no basis to grant the applicant's request for award of three bronze service stars to be affixed to his Korean Service Medal.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  Therefore, the applicant is entitled to the United Nations Service Medal and correction of his records to show this award.  

10.  The applicant contends that he is entitled to award of the Philippine Republic Presidential Unit Citation Badge, or the Navy Presidential Unit Citation.

11.  There is no evidence in the available records and the applicant has not provided any evidence which shows that his unit was awarded the Philippine Republic Presidential Unit Citation badge, or the (Navy) Presidential Unit Citation.  Therefore, the applicant is not entitled to have these unit awards added to his DD Form 214. 




12.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 June 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 June 1955.  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 is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JLP ___  _WDP __  _PMS____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 by awarding him the Purple Heart, the Good Conduct Medal, the United Nations Service 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 correction of his DD Form 214 to show credit for three campaigns in Korea, award of the Philippine Republic Presidential Unit Citation Badge, or the (Navy) Presidential Unit Citation. 




___William D. Powers____
          CHAIRPERSON




INDEX

CASE ID
AR20060008659
SUFFIX

RECON

DATE BOARDED
20070313
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.