RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070007894 


	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:


Mr. James E. Anderholm

Chairperson

Mr. Lester Echols

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 the Purple Heart for wounds received in the Republic of Korea.  He also requests that the medal be issued to him.

2.  The applicant states that he was released from the hospital in Pusan, Korea, without any special orders and did not know that he was eligible for this award. 

3.  The applicant provides a copy of a casualty report.

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 served as a steward apprentice in the United States Navy Reserve for 7 months from September 1949 to April 1950.  

3.  On 27 June 1950, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 112.80 (Heavy Weapons Infantryman).

4.  On 31 October 1950, the applicant was assigned to the Republic of Korea.

5.  Records show that a Battle Casualty Report (AGO Form 0365) was issued on 20 June 1951.  It stated that the applicant had been slightly wounded in action in North Korea.

6.  The applicant's name is listed on the Korea Casualty Roster.


7.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.

8.  On 14 November 1951, the applicant was returned to the United States.

9.  On 24 February 1961, the applicant was assigned for a second tour of duty in the Republic of Korea.  He served as a mortar platoon sergeant until his return to the United States on 16 June 1962.

10.  On 25 June 1965, the applicant was assigned for duty as the First Sergeant of Company B, 1st Battalion, 18th Infantry Regiment, in the Republic of Vietnam. He served in this position until his return to the United States on 24 June 1966.

11.  On 22 July 1968, the applicant was assigned for duty as an operations sergeant with the 1st Battalion, 11th Infantry Regiment, in the Republic of Vietnam.  He served in this position until his return to the United States on 
15 July 1969.

12.  The applicant was promoted to sergeant major (pay grade E-9), on 
9 September 1968, and was subsequently assigned for duty as a command sergeant major (pay grade E-9).  He had completed 20 years, 10 months, and 
4 days of active duty service when he retired on 30 September 1970.  

13.  The applicant was issued the following three DD Forms 214:

	a.  DD Form 214 issued on 26 June 1959, for the applicant's period of service from 27 June 1950 through 26 June 1959, shows that he was awarded the Army of Occupation Medal, with Japan Clasp; National Defense Service Medal; two awards of the Good Conduct Medal; Republic of Korea Presidential Unit Citation; and three bronze service stars.  It does not show award of the Purple Heart or the Korean Service Medal.

	b.  DD Form 214 issued on 26 June 1965, for the applicant's period of service from 27 June 1959 through 26 June 1965, shows that he was awarded the Armed Forces Expeditionary Medal; a third Good Conduct Medal; Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  

	c.  DD form 214 issued on 30 September 1970, for the applicant's period of service from 27 June 1965 through 30 September 1970, shows that he was awarded the Bronze Star Medal, with two Oak Leaf Clusters; Good Conduct Medal, with a bronze clasp of five loops; National Defense Service Medal, with First Oak Leaf Cluster; Combat Infantryman Badge; Vietnam Service Medal; Republic of Vietnam Campaign Medal, with Device (1960); Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and Two Overseas Service Bars. 

14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Forms 214.

15.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

16.  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.

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

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for 
award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South 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 for 30 consecutive or 60 non-consecutive days.

19.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following six campaigns: the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 18th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Korea Casualty Roster and a battle casualty report was issued showing that he was wounded in action on 
2 June 1951.  Therefore, the applicant's request for award of the Purple Heart should be granted.

2.  The applicant served during a qualifying period for award of the Korean Service Medal.  Therefore, his records should be corrected to show this award.

3.  The applicant served in the Republic of Korea during a qualifying period for award of the United Nations Service Medal.  Therefore, his records should be corrected to show this award.

4.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, his records should be corrected to show this award.

6.  Records show that the applicant participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of 1 silver service star and 1 bronze service star to be affixed to his Vietnam Service Medal.

7.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.   

BOARD VOTE:

_ JEA __  __LE____  __JCR __  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 for wounds received in action on 2 June 1951;

b.  showing that, in addition to the awards shown on his DD Form 214, issued on 26 June 1959, that his authorized awards include the Purple Heart, Korean Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal;  

c.  showing that, in addition to the awards shown on his DD Form 214, issued on 26 June 1965, that his authorized awards include the Korea Defense Service Medal; and

d.  showing that, in addition to the awards shown on his DD Form 214, issued on 30 September 1970, that his authorized awards include one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.




	___ James E._Anderholm ___
        		CHAIRPERSON




INDEX

CASE ID
AR20070008778
SUFFIX

RECON

DATE BOARDED
20071101
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.