RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060014181 


	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:


Mr. Paul M. Smith

Chairperson

Mr. David K. Haasenritterr. 

Member

Mr. Edward E. 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 discharge document to show award of the Purple Heart.

2.  The applicant states, in effect, that the Purple Heart Certificate was issued to him subsequent to his separation from active duty.  As a result, the award was not recorded on his discharge document.

3.  The applicant provides a self-authored letter, dated 8 September 2006;
DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 9 August 1952; Honorable Discharge Certificate, dated 3 August 1956; DA Form 4980-10 (Purple Heart Certificate), dated 20 May 1954; copy of a Shadow Box showing the applicant's awards and decorations; Standard Form (SF) 180 (Request Pertaining to Military Records), dated 3 July 2006; Department of Veterans Affairs, Health Eligibility Center, Atlanta, Georgia letter, dated 22 September 2006; Kansas, Adjutant General's Department, Topeka, Kansas letter, dated 10 July 2006; copies of 6 letters (and envelopes) from the applicant to Miss Lois Van L______ (who is now his wife), dated 2 June 1951, 11 June 1951, 24 June 1951, 2 July 1951, 24 July 1951, and 5 September 1951; and 2 pages of photographs of the applicant while serving in Korea.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
9 August 1952, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 8 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 service 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.
4.  The applicant's reconstructed military service records show he was inducted into the U.S. Army on 8 November 1950 and awarded military occupational specialty (MOS) 4055 (Clerk General Office).  He was assigned to Company K, 21st Infantry Regiment, 24th Infantry Division in Korea and completed 11 months and 11 days of foreign service.  This document also shows that he had no time lost and was honorably REFRAD, prior to his expiration of term of service (PETS) on 9 August 1952 after completing 1 year, 9 months, and 2 days net active service.

5.  The applicant's DD Form 214, with an effective date of 9 August 1952, shows in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Korean Service Medal with 3 bronze service stars, United Nations Service Medal, and Combat Infantryman Badge.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "25 May 1951."

6.  A review of the Korean War Casualty Roster shows that the applicant was wounded in action on 27 May 1951 in the South Korea sector.

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

8.  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.

9.  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.

10.  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 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.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to correction of his records to show award of the Purple Heart for being wounded in action near Kapyong, Korea on 27 May 1951.  

2.  The evidence of the available record shows that the applicant was wounded in action in Korea.  The evidence of record also shows that the Korean War Casualty Roster and the applicant's Purple Heart Certificate show he was wounded in action on 27 May 1951, while the entry in Item 29 of the applicant's DD Form 214 shows he was wounded in action on 25 May 1951.  However, in reviewing the applicant's letters that he wrote during this time period and which he provides as evidence, the applicant indicates he was wounded on a Sunday, which supports the fact that he was wounded in action 27 May 1951; not 25 May 1951, which fell on a Friday that year.  Therefore, based on the evidence of record and in view of the foregoing, the applicant is entitled to correction of his records to show he was wounded in action in Korea on 27 May 1951 and awarded the Purple Heart.

3.  The evidence shows that the applicant qualified for the first award of the Good Conduct Medal for the period 8 November 1950 through 9 August 1952 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 to show this award.

4.  The evidence further 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.

5.  The evidence also 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.

6.  Evidence shows that the applicant should have discovered the alleged error or injustice now under consideration on 9 August 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
8 August 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 award of the Good Conduct Medal.

BOARD VOTE:

___PMS_  ___DKH _  ___EEM_  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 available Department of the Army records of the individual concerned be corrected by:

     a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 8 November 1950 through 9 August 1952; and


     b.  correcting his DD Form 214, as follows:

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

	Add:  Purple Heart, Good Conduct Medal, Republic of Korea Korean War Service Medal

	(2) Item 29 (Wounds Received as a Result of Action with Enemy Forces)	

	     Delete:  "25 May 1951"
	     Add:      "27 May 1951"




______Paul M. Smith______
          CHAIRPERSON




INDEX

CASE ID
AR20060014181
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/01
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19520809
DISCHARGE AUTHORITY
AR 615-363-5 & DA Cir # 58, 1952
DISCHARGE REASON
PETS, Released to Enlisted Reserve Comp.
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.
107.0069.0000
4.
107.0142.0000
5.

6.