RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060010637 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. James Anderholm

Chairperson

Mr. Jerome Pionk

Member

Mr. Edward 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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show a third award of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster), the Bronze Star Medal, and the Silver Star.

2.  The applicant states, in effect, that he was asked to forward the general orders for the above mentioned awards to support his claim; however, he states that when you are decorated in a hospital you do not receive any general orders, you are given the decorations.  He goes on to state that what happens to the paperwork is beyond his control and that it is possible that the recommendation for awards or the general orders could have been lost or the time limitations could have elapsed on the recommended awards.    

3.  The applicant also states that he volunteered to go to Korea, that he extended his enlistment, and that he was transferred to Company M, 31st Regiment of the 7th Division.  He indicates that the award certificate for the Purple Heart for wounds received in action on 26 November 1950 is incorrect and should have read “28 November 1950,” that the award certificate for the Purple Heart for wounds received in action on 29 November 1950 is incorrect and should have read “First Oak Leaf Cluster,” and that the award certificate for the Purple Heart with First Oak Leaf Cluster for wounds received on 1 December 1950 is incorrect and should have read “Second Oak Leaf Cluster.”  He further states that the Bronze Star Medal and the Silver Star for actions on 30 November 1950 are not recorded in his records.   

4.  The applicant provides an email from a first lieutenant at the time in question; an Honorable Discharge Certificate; an award certificate for the Bronze Star Medal; an award certificate for the Purple Heart for wounds received in action on 26 November 1950; an award certificate for the Purple Heart for wounds received in action on 29 November 1950; an award certificate for the Purple Heart with First Oak Leaf Cluster for wounds received in action on 1 December 1950; two Certificates of Proficiency; and a copy of his DD Form 214.   

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
5 January 1952.  The application submitted in this case is dated 19 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 applicant requested correction of his records to show award of the Bronze Star Medal and the Silver Star.  The applicant provided an award certificate for the Bronze Star Medal.  However, it was prepared in 1973 for “meritorious achievement in ground operations against hostile forces” in Korea in 1950 and appears to have been erroneously issued based upon World War II criteria (the Bronze Star Medal was awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II).
    
4.  However, as there are no orders or other evidence authorizing these decorations to the applicant.  In the absence of a proper award authority for these decorations, the applicant may request award of the Bronze Star Medal and the Silver Star under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

5.  The applicant’s military records are not available to the Board 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 for the Board to conduct a fair and impartial review of this case.  

6.  The applicant enlisted on 1 December 1947.  He served as an infantryman in Korea and was released from active duty on 5 January 1952.

7.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, the Army of Occupation Medal with Japan Clasp, the Good Conduct Medal, the Republic of Korea Presidential Unit Citation, and the Purple Heart with First Oak Leaf Cluster as authorized awards.  Item 29 on his DD Form 214 shows the entries, "CHEST 
1 DEC 50” and “JAW 29 NOV 50.”

8.  There are no orders for the Purple Heart in the available records.  

9.  The Korean War Casualty Roster shows the applicant was wounded in action on 1 December 1950.
10.  In support of his claim for award of the Purple Heart, the applicant provided an award certificate, dated 14 May 1973, for the Purple Heart for wounds received in action on 26 November 1950 (which he contends should be 
28 November 1959).  However, he does not provide the authority upon which that certificate was based.

11.  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 required treatment, and the medical treatment must have been made a matter of official record.  

12.  Army Regulation 600-8-22 states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

13.  Army Regulation 600-8-22 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.

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

15.  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’s DD Form 214 and two of the award certificates provided by the applicant show he received the Purple Heart for wounds received in action on 
29 November 1950 and on 1 December 1950.  Although the applicant contends that he was also wounded in action on 28 November 1950 in Korea, and not on 26 November 1950 as reflected on the award certificate he provided, there are no orders for a third award of the Purple Heart.     

2.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action on any other date in Korea, the award certificate for the Purple Heart for wounds received in action on 26 November 1950 provided by the applicant is not sufficient as a basis for a third award of the Purple Heart.  Therefore, there is insufficient evidence on which to base award of the Purple Heart with Second Oak Leaf Cluster in this case.   

3.  Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal.  

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal and the ROK-KWSM.

5.  Evidence shows that the applicant’s records contain administrative errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged errors now under consideration on 2 January 1952; therefore, the time for the applicant to file a request for correction of any error expired on 1 January 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 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

JA______  _JP_____  ___EM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the United Nations Service Medal, the National Defense Service Medal, and the ROK-KWSM.



____James Anderholm___
          CHAIRPERSON




INDEX

CASE ID
AR20060010637
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.