RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012098 


	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

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Scott W. Faught

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 discharge document to show he was wounded in action in Korea and awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was wounded in action by the enemy on 2 December 1951 during the Korean Conflict.  He also states, in effect, that he was medically evacuated to a hospital in Japan where he was presented the Purple Heart and Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 31 March 1953 and a newspaper article titled Wounded that is accompanied by the applicant's photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 March 1953, the date of his permanent disability retirement.  The application submitted in this case is dated 15 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 service records show that he enlisted in the Regular Army and entered active duty on 14 December 1950.  He was assigned overseas to Company F, 5th Infantry Regiment, 24th Infantry Division in Korea.  The applicant was honorably retired due to permanent disability on 31 March 1953 after completing 2 years, 3 months, and 17 days net active service.

4.  The applicant's military service records contain a DA Form 20 (Soldier's Qualification Record).  Item 27 (Classification in Military Specialties) shows that on 4 January 1952 the applicant was awarded in military occupational specialty (MOS) 4745 (Light Weapons Infantryman) while he was assigned to Company F,
5th Infantry Regiment (Korea).  This item also shows that this line entry was deleted (i.e., lined-thru) and the MOS was converted to MOS 1745 (Light Weapons Infantryman) on 1 November 1952.  Item 29 (Record of Current Service) shows, in pertinent part, that the applicant was assigned to Company F, 5th Infantry Regiment (Korea) on 4 November 1951 and that his principal duty was rifleman (MOS 4745).  Item 28 (Remarks) of the DA Form 20 shows that the applicant was awarded the Korean Service Medal with 1 bronze service star.

5.  The applicant's military service records contain a WD AGO Form 24A (Service Record) covering the period from 14 December 1950 to 31 March 1953.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service) shows, in pertinent part, that the applicant was assigned to Company F, 5th Infantry Regiment (Korea) from 4 November 1951 to
3 January 1952.  Section 14 (Service Outside Continental United States) shows that the applicant departed Camp Stoneman Ord, California on 4 October 1951 and arrived in Japan on 19 October 1951; departed Yokohama (Japan) on
23 October 1951 and arrived in Inchon (Korea) on 27 October 1951; departed Korea on 2 January 1952 and arrived in Japan on 3 Japan 1952; and departed Japan on 16 April 1952 and arrived at Travis Air Force Base, California on
18 April 1952.  Section 21 (Medals, Decorations, and Citations) shows that the applicant was awarded the Purple Heart and Korean Service Medal with
1 bronze service star.

6.  The applicant's military service records contain a FEC AGO Form Number 241 (Casualty Report) and AGO Form 0365 (Battle Casualty Report) that show the applicant was reported as a battle casualty, the result of being wounded in action by enemy machinegun fire at 1200 hours, 2 December 1951, at Sang-Sang-ni, North Korea.

7.  The applicant's military service records contain an AGO Form 0708 (Record of Award of Decoration).  This document shows that Headquarters,
343rd General Hospital (Japan), General Order Number 3, dated 15 January 1952, awarded the applicant the Purple Heart for wounds received in action near Sang-Sang-ni, North Korea, on 2 December 1951.

8.  The applicant's name is listed on the Korean War Casualty Roster as having been wounded in action in Korea on 2 December 1951.

9.  There are no orders in the applicant's military personnel records which show he was awarded the Combat Infantryman Badge.

10.  The applicant's DD Form 214, with an effective date of 31 March 1953, shows in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Purple Heart, Korean Service Medal with 1 bronze service star, and United Nations Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "None."

11.  Review of the applicant's military service records reveals that he may be entitled to additional awards which are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign credit received by units serving in Korea.  This document shows that, at the time of the applicant's assignment to Company F, 5th Infantry Regiment, 24th Infantry Division (Korea), the unit was credited with participating in the United Nations Summer-Fall Offensive and Second Korean Winter campaigns.

13.  Department of the Army Pamphlet 672-1 also shows that, at the time of the applicant's assignment to Company F, 5th Infantry Regiment, 24th Infantry Division (Korea), the unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 31 July 1950 to 27 July 1953 by Department of the Army, General Orders Number 49 (1954).

14.  Section 24 (Indorsements) of the applicant's WD AGO Form 24A, in pertinent part, contains the item "Considered for Good Conduct Medal (Favorably - Not Favorably).  Five of the seven indorsements are either absent an entry or contain the entry "Unknown."  However, the 2nd Indorsement, dated 28 August 1951, and 6th Indorsement, dated 2 January 1952, indicate that the applicant's character and efficiency were rated as excellent and that he was favorably considered for the Good Conduct Medal.

15.  Item 32 (Qualification in Arms) of the applicant's DA Form 20 shows, in pertinent part, that he qualified expert with the M-1 rifle and qualified sharpshooter with both the Carbine and Browning Automatic Rifle.

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Korean Service Medal.

19.  The Government of the Republic of Korea issued the Korean War Service Medal 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 Republic of Korea Korean War Service Medal.  To qualify for award of the Republic of Korea Korean War Service Medal 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 nonconsecutive 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.

20.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  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 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for 
award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

22.  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.

23.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge and states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show that he was wounded in action on 2 December 1951 in Korea and that he was awarded the Purple Heart and Combat Infantryman Badge.

2.  The evidence of record shows that the applicant was wounded in action on
2 December 1951 at Sang-Sang-ni, North Korea during the Korean Conflict.  Therefore, he is entitled to correction of Item 29 of his DD Form 214.

3.  The evidence of record shows that General Orders awarded the applicant the Purple Heart for wounds received in action on 2 December 1951 in North Korea and that the award is recorded in Item 27 of his DD Form 214.  Therefore, no corrective action is required to document the applicant's entitlement to the Purple Heart.

4.  The evidence of record shows that the applicant held an infantry military occupational specialty; satisfactorily performed infantry duties; was assigned to an infantry unit in Korea during such time as the unit was engaged in active ground combat, and he actively participated in such ground combat (i.e., the applicant was wounded in action).  The evidence of record also shows that the applicant's wounds resulted in his medical evacuation to Japan and then to the continental United States.  In addition, the evidence of record shows that the applicant was awarded the Purple Heart by the hospital commander in Japan.  Thus, it is reasonable to assume that award of the Combat Infantryman Badge was either overlooked or not administrative accomplished prior to the applicant being medically evacuated from Korea.  Therefore, in view of the foregoing, the evidence of record is sufficient to justify award of the Combat Infantryman Badge in this case.

5.  The evidence of record shows that the applicant served honorably in active service during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to have his records corrected to show this service medal.

6.  The evidence of record shows that the applicant is entitled to the first award of the Good Conduct Medal for the period 14 December 1950 through 31 March 1953 based upon completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

7.  The evidence of record shows that the applicant was awarded the Korean Service Medal and that he participated in 2 campaigns in Korea.  Therefore, he is entitled to correction of his records to show award of 2 bronze service stars to be affixed to his Korean Service Medal.

8.  General Orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  The evidence of record shows that the applicant is entitled to the Republic of Korea Korean War Service Medal.  Therefore, it would be appropriate to correct his records to show this foreign service medal.

10.  The evidence of record shows that the applicant is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar.  The evidence of record also shows the applicant is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Carbine and Automatic Rifle Bars.  Therefore, it would be appropriate to correct his records to show these two badges.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 March 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 March 1956.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___LDS__  ___JCR_  ___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:

	a.  awarding the applicant the Combat Infantryman Badge for satisfactory performance of duty in ground combat against enemy ground forces from
4 November 1951 to 2 December 1951;

	b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 14 December 1950 through
31 March 1953; and

	c.  correcting his DD Form 214, as follows:

	     (1)  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

		Delete:  "Korean Service Medal with 1 Bronze Service Star"

		Add:	  "Combat Infantryman Badge, Good Conduct Medal, National Defense Service Medal, Korean Service Medal with 2 bronze service stars, Republic of Korea Presidential Unit Citation, Republic of Korea Korean War Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Carbine and Automatic Rifle Bars"

	(2)  Item 29 (Wounds Received As A Result Of Action With Enemy Forces):
		Delete:  "None"
		Add:	  "North Korea, 2 December 1951"




    __Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR20060012098
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/05
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19530331
DISCHARGE AUTHORITY
AR 600-450
DISCHARGE REASON
Physical Disability
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0111.0000
2.
110.0400.0000
3.

4.

5.

6.