RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060011788 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland Venable

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, that item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Report of Separation from the Armed Forces of the United States), be corrected to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 states he was wounded on 4 September 1950.  He also has records that show he was awarded the Purple Heart while in the hospital in Japan.

3.  The applicant provides a copy of his DD Form 214, a copy of Form 52b (Medical Department), and a copy of an unknown medical form, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 October 1953, the date of his discharge.  The application submitted in this case is dated 8 August 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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.  His DD Form 214 shows that he entered active duty on 11 April 1949, as a rifleman (2745).  He served overseas for 4 years and 27 days.  He was promoted to sergeant first class (SFC) on 18 December 1950.  He continued to serve until he was separated on 28 October 1953.

4.  The applicant's DD Form 214 shows he was awarded the Army of Occupation Medal, with Japan Clasp; the Combat Infantryman Badge; and the National Defense Service Medal.  His DD Form 214 does not show any additional awards.

5.  Item 29 (Wounds Received in Action), of his DD Form 214, shows the entry "Korea 4 September 50."

6.  The applicant’s name appears on the Korean War Casualty File for a wound received on 3 September 1950 during his service in Korea.

7.  The applicant provides a copy of Form Number 52b, dated 3 September 1950, which shows that he was wounded in action (WIA) and the entry "Wound missile, left shoulder, neck and face," which was in the line of duty.  An additional unknown medical form shows he was awarded the Purple Heart per General Order Number 5, by Headquarters, 8th Station Hospital.

8.  Item 38 (Remarks), of his DD Form 214, shows that he was a POW (prisoner of war) from 2 November 1950 to 3 September 1953.

9.  Army Regulation 600-8-22 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.  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 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past-armed conflicts were taken prisoner or held captive.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign 
Participation Credit Register), dated 6 July 1961, shows that the applicant 
was assigned to a unit which was awarded the Republic of Korea Presidential 
Unit Citation by Department of the Army General Orders Number 35, dated 1951.

12.  Army Regulation 600-8-22 states, in pertinent part, that the Korean 
Service Medal is awarded for qualifying service in the theater of operations 
between 27 June 1950 and 27 July 1954.  The same regulation states that  
while the applicant was assigned to Korea he participated in two campaigns.  
The regulation also provides that a bronze service star is authorized for the Korean Service Medal for participation in each campaign.

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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

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 evidence of record shows that the applicant was wounded in action as 
a result of enemy action on 3 September 1950 while serving in Korea.  He was  
diagnosed as receiving shrapnel to his left shoulder, neck, and face.  He was awarded the Purple Heart per General Orders Number 5, by Headquarters        8th Station Hospital.  Therefore, this evidence is sufficient to approve and correct his records to show the award of the Purple Heart.

2.  The evidence of record shows that the applicant was a POW from 2 November 1950 to 3 September 1953 while serving in Korea.  The applicant is therefore eligible for award of the POW Medal and to have this award shown on his DD Form 214.

3.  The evidence of record shows that the applicant served a period of qualifying service for award of the Korean Service Medal and participated in two campaigns.  Therefore, he is entitled to correction of his records to show the Korean Service Medal with two bronze service stars.

4.  The evidence of record shows that the applicant was eligible for the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Based on award of the Korean Service Medal, the applicant is entitled to be awarded the United Nations Service Medal.  Therefore, he is entitled to correction of his records to show this award.

6.   The evidence shows the applicant served during the qualifying period for award of the Republic of Korea - Korean War Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 October 1953, the date of his separation from active duty.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 27 October 1956.  The applicant did not file within the ABCMR's 3-year statute of limitations. However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

BOARD VOTE:

___A____  __RSV__  __SWF__  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 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 showing that he was awarded the Purple Heart, the Prisoner of War Medal, the Republic of Korea Presidential Unit Citation, the Korean Service Medal with two bronze service stars, the United Nations Service Medal; and the Republic of Korea - Korean War Service Medal.




____James E. Anderholm_______
          CHAIRPERSON

INDEX

CASE ID
AR20060011788
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19531028
DISCHARGE AUTHORITY
AR 615-360
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.