RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 September 2007
	DOCKET NUMBER:  AR20070007345 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Ms. Laverne V. Berry

Member

Mr. Ronald D. Gant

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 award of the Purple Heart. 

2.  The applicant states that he was wounded by shrapnel in his left knee when his squad came under mortar fire in Korea during the winter months of 1951-1952 and that he was treated at the Regimental Forward Aid Station and returned to duty.  He further states that during a recent MRI scan, he discovered that the metal was still embedded in his left knee behind a 3-inch scar.  He concludes that since his unit was always on the move, the urgency of the time and lack of replacement personnel may have been responsible for this oversight.

3.  The applicant provided a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), a self-authored letter dated 6 March 2002, describing the events that led to his injury, a witness statement dated 9 May 2005, and a copy of his Honorable Discharge Certificate in support of his application. 

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.  The applicant's complete military records are not available 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, the applicant's submitted documents are sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows that he was inducted into the Army of the United States and entered active duty in military occupational specialty (MOS) 1729 (Laborer) on 12 March 1951 in New Haven, Connecticut.  This form also shows that he was assigned to Headquarters Company, 3rd Battalion, 5th Regimental Combat Team.  He was honorably separated on 11 December 1952.

4.  Item 27 (Decorations, Medals, Commendations, Citations and campaign Ribbon Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.  Item 27 does not show award of the Purple Heart.

5.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 shows that he completed 11 months and 17 days of foreign service.  Additionally, since the DD Form 214 shows that the applicant attended a leadership course at Fort Belvoir, Virginia, from July 1951 through September 1951, and in the absence of exact dates of service in Korea, it is presumed that the applicant served his 11 months and 17 days in Korea during the period October 1951 to December 1952.

6.  Item 29 (Wounds received as a result of Action with Enemy Forces) contains the entry "None". 

7.  There are no medical records available in the applicant's records to show that he was injured or wounded as a result of hostile action or treated for his wounds. 

8.  In his submitted statement, the applicant states that he was wounded by shrapnel in his left knee when his squad came under mortar fire in Korea and that he was treated at the Regimental Forward Aid Station and returned to duty. 

9.  In the submitted witness statement, the witness states that he served as a member of the applicant's squad in Korea.  The witness states that while the squad was repairing their barbed wire defenses, it came under mortar fire and that the applicant, being the squad leader, was the last one in their retreat.  The witness adds that the applicant seemed to have had a piece of shrapnel caught in the inner side of his left knee and that in the excitement, no one realized that he was hit until later on that day.  The witness concludes that the applicant went to the aid station for treatment and that this treatment seemed to go unrecorded. 

10.  The applicant's name is not listed in the Korea Casualty File.




11.  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.  

12.  The applicant's records show that he is entitled to additional awards that are not listed on his DD Form 214.

13.  Although the applicant's records are not available to show his conduct and efficiency, given that he was promoted to the temporary rank of sergeant first class (SFC), we can assume that he was an efficient Soldier with excellent conduct.

14.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  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.

15.  Army Regulation 600-8-22 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 applicant contends that he is entitled to award of the Purple Heart for wounds received in Korea.
2.  There are no general orders that show the applicant was awarded the Purple Heart, there is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds, and the applicant's name is not listed on the Korea Casualty File.  A witness statement alone is insufficient to show entitlement to award of the Purple Heart. In the absence of evidence that the he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  The applicant's records show that he served a qualifying period of service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his records to show this award

4.  Evidence of record confirms that the applicant served honorably during the period 12 March 1952 through 11 December 1952.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jea___  __lvb___  __rdg___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Republic of Korea War Service Medal and the Good Conduct Medal.

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 award of the Purple Heart.  
3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



							James E. Anderholm
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070007345
SUFFIX

RECON

DATE BOARDED
20070918
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.