RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070011162 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 that the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he was wounded in Korea on 19 September 1950 and received a Purple Heart for his injury.

3.  The applicant provides a copy of his DD Form 214; Purple Heart orders; and a letter, subject: Physical Condition of (the applicant), dated 5 March 1951.

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 military records are not available to the Board 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant enlisted in the Regular Army on 22 January 1948.  

4.  The Korean War Casualty Roster shows the applicant was wounded in action on 19 September 1950.  

5.  Headquarters, Tokyo Army Hospital General Order Number 277, dated          4 October 1950, awarded the applicant the Purple Heart (First Oak Leaf Cluster) for wounds received on 19 September 1950 near (the) Naktong River.

6.  The applicant was honorably discharged on 9 January 1952.

7.  The applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge, the Army of Occupation Medal with Japan clasp, the Korean Service Medal with two bronze service stars, and the Army Good Conduct Medal. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry “NONE.”

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states 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.

9.  Army Regulation 600-8-2 provides for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and    27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.

10.  Army Regulation 600-8-22 states 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended he was wounded once, on 19 September 1950.  The Korean War Casualty Roster shows he was wounded once, on 19 September 1950.  Headquarters, Tokyo Army Hospital General Order Number 277, dated    4 October 1950, awarded the applicant the Purple Heart (First Oak Leaf Cluster) for wounds received on 19 September 1950.
2.  Since the applicant does not contend that he was wounded twice and he is listed only once on the Korean War Casualty Roster, it appears the general orders erroneously awarded him a second award of the Purple Heart.

3.  The applicant’s DD Form 214 should be amended to add one award of the Purple Heart and to show he was wounded on 19 September 1950.

4.  The applicant also met the eligibility criteria for award of the United Nations Service Medal, the National Defense Service Medal, and the ROKWSM.  Therefore, his DD Form 214 should also be amended to add the United Nations Service Medal, the National Defense Service Medal, and the ROKWSM.

BOARD VOTE:

__fcj___  __lmd___  __mjf___  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.  amending his DD Form 214 to add the Purple Heart, the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal; and

     b.  amending item 29 of his DD Form 214 to show he was wounded on         19 September 1950 near the Naktong River, Korea.




	___Frank C. Jones_____
          		CHAIRPERSON




INDEX

CASE ID
AR20070011162
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.

3.

4.

5.

6.