RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060009237 


	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. Anita McKim-Spilker

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

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 award of the Purple Heart.

2.  The applicant states, in effect, that he received a shrapnel injury to the left shoulder in combat on Hill 717, the Republic of Korea near the demilitarized zone (DMZ). 

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the U.S.); a letter addressed to the applicant from a Korean War veterans association; copies of his Army Identification Card (ID) and immunization register; and a copy of a letter from the Disabled American Veterans, dated 24 November 1952. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 21 June 1952, the date of his release from active duty.  The application submitted in this case is dated 21 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 available evidence shows the applicant served in the Army of the United States from 22 September 1950 through 21 June 1952.  He served for
10 months and 17 days with Company L, 35th Infantry Regiment, 25th Infantry Division in the Republic of Korea.

4.  Item 27 (Decorations, 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.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows "NONE."  The applicant authenticated his DD Form 214 with his signature.

5.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

6.  There are no general orders in the applicant’s records to show he was awarded the Purple Heart.

7.  The applicant's name is not listed in the Korean War Casualty File.

8.  The applicant's official record contains correspondence to his former command (35th Infantry Regiment) in the Republic of Korea from the Department of the Army, Office of The Adjutant General (TAG), Washington, D.C., from May 1953.  The TAG was making an inquiry on behalf of the applicant to verify his alleged wounds received in combat on 7 September 1951.  On 5 June 1953, the applicant's former command responded to the inquiry indicating that records maintained at the 35th Infantry Regiment failed to reveal that the applicant was wounded in combat.

9.  Army Regulation 672-5-1 (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 the result of hostile action, the wound must have been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

10.  National Personnel Records Center Letter, dated 10 July 2006, advised the applicant that he was entitled to the Army Good Conduct Medal, the National Defense Service Medal, and the United Nations Service Medal.  These awards are not shown on his DD Form 214.  There are no orders awarding him the Army Good Conduct Medal, although his WD AGO Form 24A (Service Record), Section 9 (Remarks) states "Character-excellent.  Efficiency-excellent.  Favorably considered for Good Conduct Medal."

11.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), 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, for first award only, 1 year served entirely during the period



7 December 1941 to 2 March 1946 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 and there must have been no convictions by court-martial.

12.  Army Regulation 672-5-1 (Military Awards) 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, inclusive.

13.  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.

14.  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 requests award of the Purple Heart.

2.  There are no orders in the applicant's record to show award of the Purple Heart.  The applicant's discharge document is silent on wounds received in action.

3.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  His name is not listed in the Korean War Casualty File.

4.  Correspondence from the 35th Infantry Regiment in June 1953 failed to substantiate the applicant's claim of shrapnel wounds.

5.  In order to be awarded the Purple Heart, the applicant must show evidence that his alleged wounds or injuries were sustained as a result of hostile action or show that he was treated for wounds sustained as a result of hostile action.  Other than the applicant's statement that he was wounded by shrapnel, there is no supporting evidence in his record to corroborate his contentions.  Therefore, there is insufficient evidence upon which to grant the applicant's request.

6.  The applicant completed a qualifying period of service for the first award of the Good Conduct Medal.  Although the applicant's record is incomplete, there is sufficient evidence to show that the applicant's conduct and performance would not have disqualified him for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 22 September 1950 through
21 June 1952 and to correction of his records to show the award of the Good Conduct Medal (First Award).

7.  The applicant had a qualifying period of active service between 27 July 1950 and 27 July 1954.  Therefore, he is entitled to award of the National Defense Service Medal and to correction of his records to show this award.

8.  The applicant had a qualifying period of service in the Republic of Korea between 25 June 1950 and 27 July 1953.  Therefore, he is entitled to award of the ROK-KWSM and to correction of his records to show these awards.

9.   Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 June 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
20 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 

__jea___  __jlp___  __eem___  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:

	a.  awarding the applicant the Good Conduct Medal (First Award) for the qualifying period of 22 September 1950 through 21 June 1952 and showing this award on his DD Form 214;

	b.  awarding the applicant the National Defense Service Medal and showing this award on his DD Form 214;

	c.  awarding the applicant the United Nations Service Medal and showing this award on his DD Form 214; and

	d.  awarding the applicant the ROK-KWSM and showing this award on his DD Form 214.

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.  



					James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060009237
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0056
3.
107.0069
4.
107.0085
5.
107.0142
6.