RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060010282 


	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.



	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 that he be awarded the Purple Heart.

2.  The applicant essentially states that he was injured in combat on 9 February 1951 while serving with the Company C, 1st Battalion, 19th Infantry Regiment, 24th Infantry Division during the Korean War. 

3.  The applicant provides his DD Form 214 (Report of Separation From the Armed Forces of the United States), and two extracts from a 24th Infantry Division organization website in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
16 November 1952, the date of his release from active duty.  The application submitted in this case is dated 12 July 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 majority of 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 majority of 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.  The applicant’s DD Form 214 shows that the he enlisted in the Regular Army on 17 November 1949.  He was awarded the Korean Service Medal with three bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.  The applicant was honorably released from active duty on 16 November 1952.


5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the applicant was awarded the Purple Heart, and Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this same document has an entry of “None”.  However, the Korean War Casualty File clearly shows that the applicant was wounded in action on 9 February 1951.  Information from hospital admission cards created by the Office of the Surgeon General, Department of the Army for the year 1951 also shows the applicant was wounded in action on 9 February 1951, when he received a concussion from a grenade, which was a direct result of action against or by an organized enemy.

6.  Review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Item 27 of the applicant’s DD Form 214 does not show that he was awarded the Good Conduct Medal.  However, the applicant served 3 years of continuous active duty from 17 November 1949 to 16 November 1952, and there is no derogatory information in the applicant’s records which could be a disqualifying factor in awarding the Good Conduct Medal or the National Defense Service Medal for this period of service.

8.  The applicant was awarded the Korean Service Medal with three bronze service stars, and his DD Form 214 shows he served 10 months and 
21 days of foreign and/or sea service.  Therefore, it is reasonable to presume that he 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.  This medal is not shown on his DD Form 214.

9.  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.

10.  Army Regulation 600-8-22 also provides, in pertinent part, 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 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.  

11.  Army Regulation 600-8-22 also provides 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.  

12.  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 he should be awarded the Purple Heart.

2.  The available evidence of record confirms that the applicant was wounded in Korea on 9 February 1951 as a result of hostile action, and that the medical treatment he received for his wounds was made a matter of record.  Therefore, he is entitled to award of the Purple Heart, and correction of his military records to show the award of the Purple Heart.

3.  The applicant served 3 years of continuous enlisted active duty service from 17 November 1949 to 16 November 1952, and there is no derogatory information in the available records which would preclude him from being awarded the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 17 November 1949 to 16 November 1952, and correction of his military records to show the award of the Good Conduct Medal.

4.  The applicant honorably 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 this award.

5.  It is reasonable to presume that the applicant served more than 30 consecutive days 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 this award.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 November 1952; therefore, the time for him to file a request for correction of any error or injustice expired on 
15 November 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 are no time limitations on requests for award of the Purple Heart, and the relief being granted in this case.

BOARD VOTE:

__MP ___  ___LR __  __RB ___  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.  awarding him the Purple Heart for wounds received in action against the enemy in Korea on 9 February 1951 while serving as a private first class;

b.  awarding him the Good Conduct Medal for the period 17 November 1949 to 16 November 1952 while serving as a corporal; and

c.  awarding him the National Defense Service Medal and the Republic of Korea – Korean War Service Medal.




____Margaret Patterson_______
          CHAIRPERSON



INDEX

CASE ID
AR20060010282
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
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.
107.0015.0000
2.
107.0056.0000
3.
107.0069.0000
4.
107.0142.0000
5.
110.0400.0000
6.