RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060013081 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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 correction of his military records to show award of the Purple Heart for wounds received in the Republic of Korea.

2.  The applicant states that he was wounded and hospitalized in July 1950 but did not receive the Purple Heart.

3.  The applicant provides a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214) and a record of his wound and treatment from the United States National Archives and Records Administration.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 7 November 1952, the date of his separation from active duty.  The application submitted in this case is dated 28 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.  On 14 June 1949, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 0062 (Cook).

4.  On 2 November 1949, the applicant reenlisted in the Regular Army for a period of 4 years, and was subsequently reassigned to the Republic of Korea for duty with the 5th Cavalry Regiment.

5.  The Korean War Casualty File for the period 13 February 1950 through 
31 December 1953 shows that on 25 July 1950, the applicant was seriously wounded in action by a missile.  He was given medical treatment and returned to duty.

6.  On 7 November 1952, the applicant was discharged from active duty.  He had completed 3 years, 4 months and 15 days of creditable active duty and served overseas for 1 year, 2 months and 23 days.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army of Occupation Medal with Japan Clasp, Korean Service Medal with five bronze service stars, Presidential Unit Citation, and the Combat Infantryman Badge.  It does not list the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

9.  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.

10.  Army Regulation 600-8-22 provides for award of the Republic of Korea War Service Medal (KWSM).  In pertinent part, the regulation states that the KWSM is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows: (1) While on permanent assignment; or
(2) While on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) While as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant sustained wounds as a result of enemy action, and that these wounds received medical treatment.  Therefore, he should be awarded the Purple Heart.

2.   The applicant served in the Republic of Korea and was awarded the Korean Service Medal.  Therefore, his records should be corrected to show award of the United Nations Service Medal and the Republic of Korea War Service Medal.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 November 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
6 November 1955.  The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__LWR __  _MKP__  ___REB__  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 him the Purple Heart for wounds received in action against a hostile force on 25 July 1950; and

	b.  showing, in addition to the awards already shown on his  DD Form 214, the Purple Heart, United Nations Service Medal, and the Republic of Korea War Service Medal.





__    Margaret K. Patterson_______
          CHAIRPERSON


INDEX

CASE ID
AR20060013081
SUFFIX

RECON
 
DATE BOARDED
20070315 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.