RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  2 October 2007
	DOCKET NUMBER:  AR20070007056 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

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 two Purple Hearts.

2.  The applicant states that he was wounded on 12 September and 4 October 1951 in the Republic of Korea.

3.  The applicant provides copies of his Report of Separation from the Armed Forces of the United States (DD Form 214), Report of Separation and Record of Service in the California Army National Guard (NGB 22), Western Union telegrams, newspaper articles, and a letter from the Personnel Officer, 40th Infantry Division.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 19 September 1949, the applicant enlisted in the California Army National Guard.  He was awarded military occupational specialty 4745 (Rifleman).

3.  On 1 September 1950, the applicant was called from inactive duty.  He served in the Republic of Korea for a period of 9 months and 1 day.

4.  In September 1951, The Adjutant General of the United States Army sent a Western Union telegram to the parents of the applicant in which he stated that the applicant had been slightly wounded in action in the Republic of Korea on 
12 September 1951.




5.  In October 1951, The Adjutant General of the United States Army sent a second Western Union telegram to the parents of the applicant in which he stated that the applicant had been slightly wounded in action in the Republic of Korea on 4 October 1951, after being returned to duty on 14 September from previous wounds.

6.  On 25 October 1951, the Personnel Officer, 40th Infantry Division, stated in a letter to the applicant’s mother that he had been wounded twice.  The second time his wounds were to his left arm and thigh.  His prognosis was excellent with expectation of being released from the hospital in about two weeks.

7.  On 6 April 1952, the applicant was released from active duty.  He had attained the rank of corporal and had completed 1 year, 7 months, and 6 days of creditable active duty.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 list his awards as the Korean Service Medal with three bronze service stars and the Combat Infantryman Badge.  It does not show the Purple Heart.

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 contains the entry “None.”

10.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.

11.  A review of the applicant's available records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.


13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal 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;

	(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 and convincingly shows that the applicant was twice wounded in action against the enemy in the Republic of Korea and received medical treatment for his wounds.  Therefore, he should be awarded the Purple Heart with one oak leaf cluster.

2.  The evidence clearly shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore his DD Form 214 should be corrected to show this award.

3.  The evidence clearly shows that the applicant served during a qualifying period for award of the United Nations Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record clearly shows that the applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this foreign award. 



BOARD VOTE:

__AMC__  __JCR_ _  __LMD__  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.  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 with one oak leaf cluster for wounds received in action in Korea on 12 September and 4 October 1951;

	b.  showing in Item 29 (wounds) of his DD Form 214, that he was wounded in action in Korea on 12 September 1951 and again on 4 October 1951; and 

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with one oak leaf cluster, National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.




_      Ann M. Campbell_________
          CHAIRPERSON




INDEX

CASE ID
AR20070007056
SUFFIX

RECON

DATE BOARDED
20071002
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.