IN THE CASE OF:	  

	BOARD DATE:	  20 May 2008

	DOCKET NUMBER:  AR20070011319 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 24c (Foreign and/or Sea Service), Item 25 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and Item 27 (Wounds Received as a Result of Action with Enemy Forces) of his 31 August 1965 Separation Document (DD Form 214) be corrected. 

2.  The applicant states, in effect, that Item 24c of the DD Form 214 in question should reflect all the overseas service he completed, and that Item 26 should include all awards to which he is entitled, which he claims includes the Purple Heart (PH).  He also states that Item 27 should contain an entry based on the PH award.  

3.  The applicant provides the following documents in support of his application: DD Form 214, dated 31 August 1965; National Personnel Records Center (NPRC) Certification of Military Service; and NPRC awards letter, dated 30 July 2007.

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 records show he was initially inducted into the Army and entered active duty in an enlisted status on 6 August 1945.  He served in that status through 7 August 1962, at which time he was honorably discharged in order to accept a warrant officer appointment.  The DD Form 214 he was issued at that time shows he completed a total of 17 years and 2 months of active military service, and that he held the rank of master sergeant (MSG).  On 
8 August 1962, he was appointed a Warrant Officer One (WO1) in the United States Army Reserve (USAR), and entered active duty in that status.  

3.  The applicant's Personnel Qualification Records (PQRs) show that during his active duty tenure, he earned the following awards:  National Defense Service Medal (NDSM); United Nations Service Medal (UNSM); Korean Service Medal (KSM); Republic of Korea Presidential Unit Citation (ROKPUC); Commendation Ribbon with Metal Pendant (now known as the Army Commendation Medal); Army Good Conduct Medal (AGCM) 4th Award; Army Aviation Badge; and Expert Marksmanship Qualification Badge with Carbine Bar.  The records also show that he completed the following overseas tours during the periods indicated:  United States Army Caribbean (USARCRIB) from 25 March 1946 to 
1 June 1950; Armed Forces Far East (AFFE) from 15 January 1953 to 7 May 1954; United States Army, Europe (USAREUR) from 30 January 1957 to 
5 August 1959 and from 14 September 1962 to 13 August 1965. 

4.  The applicant's record also contains Headquarters, 2nd Infantry Division General Orders Number 107, dated 2 April 1954.  These orders awarded him the Commendation Ribbon with Metal Pendant, for his meritorious service in Korea during the period 1 March 1953 through 2 April 1954.  The Record of Award (WD AGO Form 0707) used as orders to announce this award of the Commendation Ribbon with Metal Pendant contains the following entries that were lined out in this case:  "Type of Award – PURPLE HEART"; "FOR WOUNDS RECEIVED IN ACTION IN"; and "RECORD OF AWARD OF PURPLE HEART."

5.  The applicant's record is void of any orders or other documents that indicate he was ever wounded in action, or awarded the PH by proper authority.  There are also no medical treatment records on file that indicate he was ever treated for a combat-related wound or injury.  

6.  On 31 August 1965, the applicant was honorably separated for the purpose of retirement.  The DD Form 214 issued to him at this time shows he completed 
3 years and 23 days of net service during the period covered by the separation document, and a total of 20 years and 25 days of active military service.  Item 24c shows he completed 2 years and 11 months of overseas service during the period covered by the DD Form 214 (8 August 1962-31 August 1965), and both  Item 24 and Item 26 contain the entry "None."  

7.  The applicant provides an NPRC letter, dated 30 July 2007, that contains a list of awards, which includes the PH.  This list was awards that NPRC officials believed the applicant was entitled to based on a review of his records. 

8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Korean Casualty Roster.  The applicant's name was not included on this casualty list.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the separation documents regulation contains item-by-item instructions for preparation of the DD Form 214.  The instructions stipulate that the total amount of Foreign Service completed during the period covered by the DD Form 214 will be entered in Item 12f.  There are no provisions for entering overseas service completed during prior periods of active duty service for which a DD Form 214 was previously issued.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  It states, in pertinent part, 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. 


11.  Army Regulation 600-8-22, paragraph 2-8, contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action; that the wound required treatment by medical personnel; and a record of this treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant earned the following awards during his active duty tenure:  NDSM; UNSM; KSM; ROKPUC; Commendation Ribbon with Metal Pendant; AGCM (4th Award); Army Aviation Badge; and Expert Marksmanship Qualification Badge with Carbine Bar.  It also confirms that based on his service in Korea he is also entitled to the ROKWSM. Therefore, it would be appropriate to amend Item 26 of the DD Form 214 in question by deleting the current entry and replacing it with this list of awards.  

2.  The applicant's request to add the PH to his separation document based on the 30 July 2007 NPRC letter was also carefully considered.  However, it appears the PH was added to the letter based on the WD AGO Form 0707 used as orders to announce the award of the Commendation Ribbon with Metal Pendant, which appears to have been designed to award the PH.  This form contains lined out items/entries referring to award of the PH and to wounds received in action.  The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority, or that show he was ever treated for a combat-related wound.  

3.  The PH is not included in the awards listed in his PQR's, and his name is not included on the Korean Casualty Roster, the official DA list of Korea battle casualties.  Therefore, absent any evidence of record that confirms he was wounded as a result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case, and it would not be appropriate or serve the interest of all those who served in Korea and who faced similar circumstances to award him the PH, or to amend Item 27 of his final DD Form 214 at this time.  The applicant and all others concerned should 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.  

4.  The applicant's contention that Item 24c of the DD Form 214 in question should be corrected was also carefully considered.  However, by regulation only the overseas service completed during the period covered by the DD Form 214 is authorized to be entered in this item.  There are no provisions for entering overseas service that was completed during prior periods of service for which a 
DD Form 214 had been previously issued.  The evidence of record confirms that the applicant completed 35 months of overseas service during the period covered by the DD Form 214 in question, and that this is accurately reflected in the current entry in Item 24c.  Records also confirm that his prior overseas service was documented in previously issued separation documents.  Therefore, it would not be appropriate to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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 amending his 31 August 1965 DD Form 214 by deleting the current entry in Item 26 and replacing it with the entry "National Defense Service Medal, Commendation Ribbon with Metal Pendent (Army Commendation Medal), Army Good Conduct Medal (4th Award), Korean Service Medal, United Nations Service Medal, Republic of Korea Presidential Unit Citation, Republic of Korea War Service Medal, Army Aviation Badge, and Expert Marksmanship Qualification Badge with Carbine Bar; and by providing him a correction to his separation document that includes this change.   

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 and amendment of Item 24c and Item 27 of his 31 August 1965 DD Form 214. 




      ________x_______________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20070011319



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ABCMR Record of Proceedings (cont)                                         AR20070011319


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