RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  2 August 2007
	DOCKET NUMBER:  AR20070002318 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway 

Chairperson

Mr. Robert W. Soniak

Member

Ms. Karmin S. Jenkins

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, award of the Purple Heart, with 1st Oak Leaf Cluster, and the Bronze Star Medal. 

2.  The applicant states, in effect, that he was wounded in the head and the low back on two separate days.  He was wounded in December 1950, at Chosin Reservoir, Korea, while assigned to Company L, 31st Infantry Regiment.  His mess tent was demolished by Chinese.  He was wounded the second time about 5 days later, as they were fighting their way out of Hagaru, Korea.  He was wounded about 2 hours out of Hagaru, Korea, and was taken to Hamburg, Korea, and then transported to a hospital in Japan.  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 13 August 1952; a copy of page 23, of an unidentified ledger; and copy of his DA Form 20 (Enlisted Qualification Record), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 August 1966, the date he was separated, for the purpose of retirement.  The application submitted in this case is dated 5 February 2007.

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 he was inducted on 30 January 1943. The applicant entered active duty on 6 February 1943 and he was trained as a cook (060).  He continued to serve through a series of continuous reenlistments.

4.  The applicant served in the Asiatic-Pacific Theater of Operations from 17 January 1945 to 24 February 1946, in Japan and Korea from 6 October 1949 to 29 July 1951, in Korea from 30 April 1960 to 25 April 1961, and in Germany from 20 August 1962 to 19 May 1965. 

5.  The applicant was promoted to the rank of Sergeant First Class (SFC) in the pay grade of E-6.

6.  He served until he was separated for the purpose of retirement on 31 August 1966.  He was placed on the Retired List effective 1 September 1966 in the rank of SFC/pay grade E-6.

7.  The applicant’s name appears on the Korean War Casualty File for a wound received on 6 December 1950 during his service in Korea.

8.  The applicant's DD Form 214, dated 13 August 1952, shows he was awarded the Purple heart, by General Orders Number 53, prepared by the 395th Station Hospital.  He was also awarded several other awards.  His DD Form 214 does not show any additional awards of the Purple Heart or the Bronze Star Medal as authorized awards.

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) in Action), of his DD Form 214, dated 13 August 1952, shows the entry "Korea 29 Nov 50" (29 November 1950).

10.  Item 40 (Wounds), of his DA Form 20, shows the entry "Wounded on right side of Body Korea 7 Dec 50" (7 December 1950).  Item 41 (Awards and Decorations) show that he was awarded the Purple Heart, by General Order 53, Headquarters, 395th Station Hospital, in 1950.  

11.  There are no orders in the applicant’s service personnel records which show that he was awarded two awards of the Purple Heart.  

12.  The applicant provided a copy of page 23, of an unidentified ledger, from an unknown source, which indicates that he was wounded in the head the first night when Chinese demolished the kitchen.  He remembered being in the point on left flank leaving Hagaru, Korea, being hit twice, going to Koto (Hikaru Koto) in a jeep, and flying to Hungnam, Korea, and on to Japan.  Lieutenant R____ sponsored him for the Bronze Star Medal for dragging the wounded from under fire.

13.  Item 41, of his DA Form 20, shows the entry "BS (Bronze Star Medal) AR 672-5-1 (DD 214)/Yes." 

14.  There is no evidence in his records to show that he was considered or recommended for or awarded the Bronze Star Medal, with an oak leaf cluster.

15.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which are the Purple Heart and the Bronze Star Medal. 

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

17.  The applicant requested correction of his records to show award of the Bronze Star Medal.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Bronze Star Medal under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

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 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. 

19.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders officially awarding the applicant two awards of the Purple Heart.  The applicant's name is shown on the Korean War Casualty File only once for the wound he sustained on 6 December 1950 for which he was awarded a Purple Heart.  His DD Form 214, dated 13 August 1950, indicated that he was awarded the Purple Heart, by General Orders 53, published by Headquarters, 395th Station Hospital, for a wound received on 6 December 1950.

2.  The applicant DD Form 214, dated 13 August 1952, shows the applicant was wounded on 29 November 1950, while serving in Korea.  A review of his records failed to show orders which authorized him award of the Purple Heart for his wound received on 29 November 1950.  Upon review, the Board has determined that this evidence is sufficient to award a second award of the Purple Heart, correctly known as the Purple Heart, with 1st Oak Leaf Cluster.  Therefore, he is entitled to correction of his DD Form 214, dated 13 August 1952, to show the Purple Heart (1st Oak Leaf Cluster). 

3.  The applicant served in Korea during the qualifying period for award of the Republic of Korea – Korean War Service Medal and the Korea Defense Service Medal.  He is entitled to these awards and to have them added to his DD Form 214.




4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 August 1969.  Although the applicant did not file within the ABCMR's 3-year 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:

__RWS__  _KSJ ___  __CLG__  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 showing that he was awarded the Purple Heart, 1st Oak Leaf Cluster, for wounds received on 29 November 1950; the Republic of Korea-Korean War Service Medal; and the Korea Defense Service Medal; and adding these awards to the applicant's DD Form 214, dated 13 August 1952.




____Curtis L. Greenway ________
          CHAIRPERSON




INDEX

CASE ID
AR20070002318
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070802
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19660831
DISCHARGE AUTHORITY
AR 635-200, chapter 12
DISCHARGE REASON

BOARD DECISION
DENY/GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.