RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 January 2008
	DOCKET NUMBER:  AR20070011754 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

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 award of the Purple Heart and his Korean War service medals. 

2.  The applicant states, in effect, that he was never issued the Purple Heart for shrapnel wounds to his face that occurred while serving in combat operations in Korea.  

3.  The applicant provides copies of medical documentation from the 8076th Mobile Army Surgical Hospital (MASH) near Hwachon, Korea which shows he was injured on 26 August 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 for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) with a separation date of 18 February 1956.

3.  The available record shows the applicant reenlisted on 16 July 1952.  He served in the military occupational specialty 111.70 (Light Weapons Infantryman).


4.  The applicant's DD Form 214 with a separation effective date of 18 February 1956 shows he completed 11 months and 25 days of foreign and/or sea service. This same DD Form 214 shows in Item 23 (Other Serve [Act of 1942 as amended] Completed for Pay Purposes) 1 year and 9 months.

5.  There are insufficient records to determine the units to which the applicant was assigned or the dates during which he was assigned.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.  Item 27 does show the applicant was awarded the National Defense Service Medal and the Army Good Conduct Medal.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 with a separation date of 18 February 1956 shows the entry "None."

7.  The applicant's name is listed on the Republic of Korea War Casualty Report Roster which shows he was injured on or about 27 August 1951 in the North Korea Sector while assigned to Company B, 32nd Infantry Regiment.  This same casualty report shows the applicant's MOS as Infantryman.  The applicant was returned to duty on or about 29 August 1951.  

8.  The applicant submitted as evidence a copy of a medical report which shows he was injured on 26 August 1951 at 1100 hours near Hwachon, Korea.  He sustained lacerations or wounds to his face, primarily his nose, as a result of missile fragments while engaged in combat action.  A Medical Service Corps first lieutenant signed the form on 29 August 1951 verifying the injury occurred in the line of duty. 

9.  Army Regulation 672-5-1 (Military Awards), then in effect, provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services has been wounded, killed, or who has died as a result of 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.

10.  The applicant's record shows that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

11.  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. 

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal

13.  Based on the applicant's date of injury on 26 August 1951 while serving in the Republic of Korea during the Korean War, Table B-1 of Army Regulation 
600-8-22 shows he served in the United Nations Summer-Fall Offensive Campaign (9 July 1951 to 27 November 1951).  The applicant's complete foreign service dates are not available for the Board to review.

14.  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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

15.  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:  
	a.  while on permanent assignment;
	b.  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 
	c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

16.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three 

requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order (DAGO) Number 22, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.   The applicant contends that he is entitled to award of the Purple Heart and service medals for his participation in the Korean War. 

2.  The preponderance of evidence in this case shows the applicant was wounded by hostile action on 26 August 1951, that military medical personnel treated the wound, and the treatment was made a part of official records. Therefore, the applicant is entitled to award of the Purple Heart.

3.  Based on the applicant's engagement with enemy forces, his resulting wound, and the fact that he was an Infantryman assigned to an Infantry unit, he is entitled to award of the Combat Infantryman Badge.

4.  Based on the fact that the applicant's name is recorded as being wounded in action in Korea and that he received medical care from 26 August 1951 to on or about 29 August 1951 for that wound, he is entitled to award of the Korean Service Medal and to have one bronze service star awarded for one campaign.

5.  Based on the applicant’s award of the Korean Service Medal, he meets the service requirements for award of the Republic of Korea War Service Medal and the United Nations Service Medal.  Therefore, the applicant is entitled to the Republic of Korea War Service Medal and the United Nations Service Medal.

6.  Based on his assignment to Company B, 32nd Infantry Regiment at the time of his injury, the applicant is entitled to award of the Republic of Korea Presidential Unit Citation.

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.  awarding the Purple Heart for wounds received as a result of hostile action on  26 August 1951 in the Republic of Korea;

	b.  awarding the Korean Service Medal with one bronze service star;

	c.  awarding the Republic of Korea War Service Medal;

	d.  awarding the United Nations Service Medal;
 
	e.  awarding the Combat Infantryman Badge;

	f.  awarding the Republic of Korea Presidential Unit Citation; and

	g.  providing him a correction to his separation document that includes these awards.




___Frank C. Jones  ___
      CHAIRPERSON

INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.