RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060014210 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Paul Smith

Chairperson

Mr. David Haasenritter

Member

Mr. Edward 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 two additional awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster). 

2.  The applicant states, in effect, that he received three separate wounds during the period 11 February 1951 to 13 February 1951 in Korea.  He contends that he was mobile in active combat with the enemy during this time and that at different times he received a gunshot wound to his nose and right cheek, then he received a concussion and debris wounds from a hand grenade blinding his left eye, and then he received a gunshot wound to the left leg which completely incapacitated him.

3.  The applicant provides service medical records; service personnel records; and records pertaining to his Physical Evaluation Board.   

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred      on 30 November 1951.  The application submitted in this case is dated              26 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.  Having prior active and inactive service, the applicant was ordered to active duty on 21 October 1950.  He served in Korea from 23 December 1950 until approximately 4 March 1951.  On 30 November 1951, he was permanently retired by reason of physical disability.

4.  The applicant's DD Form 214 shows the Purple Heart and the Korean Service Medal as authorized awards.  Item 29 (Wounds Received  as a Result of Action with Enemy Forces) on his DD Form 214 shows the entries, "Gun shot wound left leg Wonju Korea 12 Feb 51.”



5.  8009th Army Unit General Orders Number 75, dated 16 February 1951, show the applicant received the Purple Heart for wounds received in action on 
12 February 1951 in Korea.

6.  Section 8 (Wounds Received Through Enemy Action) on the applicant’s Service Record shows he was wounded in action on 12 February 1951.

7.  The Office of The Surgeon General Hospital List shows the applicant was hospitalized on 13 February 1951 in Korea for wounds (eye, left leg, and shoulder) sustained as a direct result of enemy action.   

8.  A Battle Casualty Report prepared on 10 July 1951 states that the applicant was a battle casualty on 12 February 1951. 

9.  A Final Summary medical record, dated 14 September 1951, states, in pertinent part, that the applicant was injured on 12 February 1951 at 2200 hours near Wonju, Korea, first by enemy machine gun fire and secondly by enemy mortar shell fragments.  He sustained wounds of the left thigh, left lower leg, left shoulder, and left eye.

10.  The Korean War Casualty Roster shows the applicant was wounded in action on 12 February 1951.

11.  There is no evidence in the available records which shows that the applicant was wounded a second or third time as a result of hostile action on in Korea.

12.  In support of his claim, the applicant provided service medical records which show that he was hospitalized on 13 February 1951 for gunshot wounds to his left leg and facial injuries sustained on 12 February 1951 in Korea.  One service medical record shows he was awarded the Purple Heart for these injuries. 

13.  Records show the applicant participated in two campaigns during his assignment in Korea.

14.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation states, in pertinent part, that not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  The regulation also states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15.  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.

16.  Army Regulation 600-8-22 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, in pertinent part, authorizes 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 service medal.

18.  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.  Although the applicant contends that he was wounded on three separate occasions during the period 11 February 1951 to 13 February 1951 in Korea, regrettably there is no evidence of record to support this contention.  The service medical records provided by the applicant show that he was hospitalized on 
13 February 1951 for gunshot wounds to his left leg and face sustained on 
12 February 1951. The preponderance of evidence in this case shows the applicant was wounded in action on 12 February 1951 in Korea.  There is no evidence of record to show his wounds were received at different times.  Therefore, there is insufficient evidence on which to base any additional awards of the Purple Heart.   

2.  The applicant participated in two campaigns during his assignment in Korea which entitles him to award of the Korean Service Medal with two bronze service stars.

3.  Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal.  

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal and the ROK-KWSM.

5.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error now under consideration on 30 November 1951; therefore, the time for the applicant to file a request for correction of any error expired on 29 November 1954.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

PS_____  _DH____  __EM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to amend his DD Form 214 to add the United Nations Service Medal, the National Defense Service Medal, the ROK-KWSM, and two bronze service stars for wear on his already-awarded Korean Service Medal.



__Paul Smith__________
          CHAIRPERSON




INDEX

CASE ID
AR20060014210
SUFFIX

RECON

DATE BOARDED
20070501
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.