RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060010317 


	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, in effect, that he be awarded the Purple Heart. 

2.  The applicant essentially states that he was wounded by mortar fire while engaging the enemy on or about 28 February 1952 during the Korean War.  He also states, in effect, that he was picked up by medics on 29 February 1952 after spending the night on the ground.  He continued by stating that he received treatment for his wounds in a mobile army surgical hospital (MASH) before being flown to a hospital in Taejon, Korea.  He also states, in effect, that he spent 
28 days in the hospital, but that when he was asked if he wanted to stay longer and recuperate, he requested to be returned to the front so that he could finish his tour of duty with his unit.

3.  The applicant provides a letter, dated 16 July 2006, from an attorney who appears to be his son, a self-authored affidavit, dated 27 June 2006, his 
DD Form 214 (Report of Separation From the Armed Forces of the United States), an affidavit, dated 27 June 2006, and a DD Form 214 from a former Soldier who appears to have served with the applicant in Korea, and a letter, dated 4 April 2006, from a person claiming to have served in Korea which appears to be addressed to the applicant’s son in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 24 September 1952, the date of his release from active duty.  The application submitted in this case is dated 15 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 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 17 October 1950.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that he was awarded the Army of Occupation Medal with Japan Clasp, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.  

5.  In his affidavit, the applicant essentially stated that on or about 28 February 1952, he was in a foxhole on the front at Chorwon, Korea, having been assigned to the front as a gunner for Company K.  He also stated, in pertinent part, that while engaging the enemy, he was wounded by mortar fire.  He also stated that he was picked up by medics on 29 February 1952 after spending the night on the ground.  He continued by stating that he received treatment for his wounds in a MASH before being flown to a hospital in Taejon, Korea.  He also stated, in effect, that he spent 28 days in the hospital, but that when asked if he wanted to stay longer and recuperate, he requested to be returned to the front so that he could finish his tour of duty with his unit.

6.  The affidavit from a former Soldier who appears to have served with the applicant in Korea essentially stated that the applicant was injured by mortar fire, but that he did not witness the explosion.  He also stated that the applicant was picked up by medics on 29 February 1952, presumably having spent the night on the cold ground, and received treatment for his wounds in the field that day before being flown to a hospital.

7.  In the letter from a person claiming to have served in Korea which appears to be addressed to the applicant’s son, a person essentially stated, in pertinent part, that he kept copies of the morning reports, and that the morning report for 
29 February 1952 had an entry that the applicant went to the hospital on that date.  This letter also generally asserted that the applicant was wounded in action.

8.  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 Purple Heart.  Item 29 (Wounds Received as a Result of Action With Enemy Forces) of this document has an entry of “None.”  The applicant also signed Item 48 (Signature of Person Being Separated) of this document, attesting to the accuracy of the information contained on the form.  Additionally, the applicant’s name is not shown on the Korean War Casualty Roster.  


9.  The applicant’s service medical records contained a WD AGO Form 8-27 (Field Medical Card) which clearly shows that the applicant was admitted to a MASH on 29 February 1952.  In the Cause of Admission, Additional Diagnoses, Operations, Change of Status portion of this document, there is an entry of, “Strain. Muscular, chronic, low back with acute exacerbation.  AI [Accidental Injury] in June [1951], when [patient] slipped and fell with tripod on his back, in Japan.”

10.  The applicant’s service medical records also contained an Abbreviated Clinical Record, which was dated 10 March 1952.  This document essentially states that the applicant fell down 9 months ago while carrying a tripod on his back during on a field problem [exercise] in Japan.

11.  Evidence in the applicant’s service medical records shows that he was sent to the 25th Evacuation Hospital in Taegu, Korea, and the 171st Evacuation Hospital, also in Korea.  In an entry, dated 31 March 1952, the applicant’s physician indicated that he did not have any spasms, had complete motion of his back, etc., and was returned to duty.

12.  The applicant’s Report of Medical Examination, which was completed 2 days before his release from active duty, provides no evidence that he was ever wounded in action.
	
13.  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.

14.  The applicant served on active duty from 17 October 1950 to 24 September 1952; however, his DD Form 214 does not show that he was awarded the National Defense Service Medal.

15.  The applicant’s DD Form 214 shows that he served 1 year, 5 months, and 18 days of foreign and/or sea service.  It can be conclusively shown that the applicant served in Korea from at least 29 February 1952 to 31 March 1952; more than 30 consecutive days.  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.



16.  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 179th Infantry Regiment, 45th Infantry Division, the unit was cited for award of the Republic of Korea Presidential Unit Citation for the period 10 December 1951 to 31 July 1953 by Department of the Army General Orders Number 30, dated 1954.

17.  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 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 time limitation on requests for award of the Purple Heart.

18.  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.

19.  Army Regulation 600-8-22 also provides, in pertinent part, that the Department of Defense approved acceptance and wear of the Republic of 
Korea – Korean War Service Medal.  To qualify for this award, 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 evidence provided by the applicant, including the two affidavits and letter, are not corroborated by any evidence in the applicant’s service medical records.  Evidence of record clearly shows that the applicant initially injured his back in June 1951 when he fell during a field exercise in Japan, and that the reason for  


his admission on 29 February 1952 was that he exacerbated this previous injury. There is no evidence which shows that he was wounded as a result of hostile action, and that he was treated by medical personnel for wounds incurred as a result of hostile action which was made a matter of official record.

3.  In view of the foregoing, there is no basis for awarding the Purple Heart to the applicant in this case.

4.  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.

5.  The applicant served more than 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 this award.

6.  General orders awarded the Republic of Korea Presidential Unit Citation to the 179th Infantry Regiment, 45th Infantry Division 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.

7.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 September 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
23 September 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.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JA  __  __SF____  __RV ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award of the Purple Heart.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by issuing an appropriate document to show award of the National Defense Service Medal, the Republic of Korea – Korean War Service Medal, and the Republic of Korea Presidential Unit Citation.




____James Anderholm_______
          CHAIRPERSON




INDEX

CASE ID
AR20060010317
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0069.0000
3.
107.0142.0000
4.
110.0400.0000
5.

6.