RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060013085 


	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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that while serving in combat in North Korea at or near the Chosin Reservoir in December 1950, he was a part of a special operation to rescue the First Marine Division, which had been surrounded by the Chinese Army for several days.  He states that after breaking through enemy lines, his unit began to accelerate the evacuation of the First Marine Division through the main supply route.  He claims the enemy was operating from both sides of that main supply route, launching heavy machine gun and mortar attacks against them.  He states that it was at this time when one of his Soldier's lost complete control of his vehicle and ran right over him with his weapons carrier.  He indicates that he was wounded and sustained serious injuries while participating in combat, which caused his evacuation to the United States Ship Constellation, and his subsequent transfer to Puson Army General Hospital, where he remained until his discharge in January 1951.  He finally states that based on the enemy involvement in the accident of December 1950, he should be awarded the PH and all other awards to which he may be entitled.

3.  The applicant provides a self-authored statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 7 May 1952.  The application submitted in this case is dated 5 September 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 show that he enlisted in the Army and entered active duty on 29 May 1948 for 3 years.  He completed his initial entry training at Fort Dix, New Jersey.


4.  The applicant's Service Record (WD AGO Form 24A) contains a blank entry in Section 8 (Wounds Received through Enemy Action).  Section 14 (Service Outside Continental United States) shows that he served in Okinawa from 12 October 1948 to 11 November 1949; in Moji Japan from 14 to 24 September 1950, and in Pusan, Korea from 25 September 1950 to an unknown date; however, Section 7 (Combat Record) shows he served in Korea at least through 10 October 1951.

5.  Section 24 (Indorsement) of the Service Record shows that the applicant received no less than “Excellent” conduct and efficiency ratings during his tenure on active duty.  The available evidence contains no indication that the applicant committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal (AGCM), or that he was ever disqualified for the award by any of his active duty unit commanders.

6.  The Soldier’s Qualification Card (DA Form 20) includes an entry in Item 28 (Remarks) which shows he earned two Overseas Service Bars.

7.  The applicant’s Military Personnel Record Jacket (MPRJ) contains a Report of Medical Examination (Standard Form 88), which shows he was medically qualified for separation.  Item 74 (Notes and Significant or Interval History) of this document contains an entry which indicates that the applicant sustained shell fragment wounds to his right thigh while assigned with the 58th Field Artillery Battalion, 3rd Division in Korea in October 1950.  It also shows that he was treated with no complications.

8.  The applicant's MPRJ contains no orders, or other documents that indicate he was ever recommended for, or awarded the PH.

9.  The applicant continued to serve until he was honorably released from active duty by reason of expiration term of service on 7 May 1951, in the rank of sergeant.  The separation document (DD Form 214) issued to him at that time shows he completed 3 years, 11 months and 9 days active military service.  

10.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the Korean Service Medal with 4 bronze service stars during his active duty tenure and Item 20 (Wounds Received As a Result of Enemy Forces) contains the entry “None.”  The applicant authenticated this document with his signature in Item 48 (Signature of Person Being Separated) on the date of his separation, 7 May 1951.  


11.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Korean War Casualty Roster.  There is no entry pertaining to the applicant on this roster.  

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by a medical officer, and this treatment must have been made a matter of official record.  The PH guidance further states that accidents, to include accidental wounding, not related to or caused by enemy action clearly do not qualify for award of the PH.  

13.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.    Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

14.  The Republic of Korea Presidential Unit Citation is issued by the government of South Korea to both Korean military and foreign units.  The last major issuance of the decoration was during the Korean War.  By order of the Korean government, the award was also retroactively authorized to every unit of the United States Army that had deployed to Korea between 1950 and 1954.

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.  By regulation, in order to support award of the PH, there must be evidence that a member received a wound as a direct result of, or that was caused by enemy action.  Further, the wound must have been treated by military medical personnel, and a record of this treatment must have been made a matter of official record.  The evidence of record is void of any indication that the applicant was wounded in action or that he was ever treated for a combat related wounded or injury while serving on active duty.  Although his separation physical examination contains an entry indicating he received a shell fragment wound in Korea in October 1950, there is no indication that this fragment wound was received as a result of enemy action, and there are no medical treatment records on file related to the vehicle accident referred to by the applicant.  

2.  The evidence of record in this case also fails to show the applicant was ever wounded or injured as a result of enemy action and/or that he was ever treated for a combat related wound or injury while serving on active duty.  In addition, the PH is not included in the list of awards contained on the applicant's separation document, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the separation document, to include the list of awards, was correct at the time the DD Form 214 was prepared and issued.  Further, his name is not included on the Korean War Casualty Roster, the official DA list of Korea battle casualties.  

3.  The veracity of the applicant's claim that he was injured in a vehicle accident while serving in Korea is not in question.  However, absent any evidence of record to corroborate the facts and circumstances surrounding this accident or that show he was wounded as a result of enemy action and/or of medical treatment records showing he was ever treated for this or any other combat related wound or injury while serving on active duty, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  As a result there is an insufficient evidentiary basis to support awarding him the PH at this late date.  

4.  The applicant's request to be provided any other awards to which he is entitled was also carefully considered and found to have merit.  His record confirms he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders that would have disqualified him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM, for his qualifying period of honorable active duty service from 29 May 1948 to 28 May 1951.
5.  The evidence of record also shows that based on the applicant’s Korean service, he is entitled to the ROK-KWSM and ROKPUC.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___RJW _  __JCR__  __DWT _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 29 May 1948 through 28 May 1951; by showing his entitlement to the Republic of Korea-Korean War Service Medal and Republic of Korea Presidential Unit Citation; and by providing him a correction to his separation document that includes these changes.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.  




____Ronald J. Weaver____
          CHAIRPERSON


INDEX

CASE ID
AR20060013085
SUFFIX

RECON
NO
DATE BOARDED
2007/05/24
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1952/05/07
DISCHARGE AUTHORITY
AR615-360
DISCHARGE REASON
ETS
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0000
2.

3.

4.

5.

6.