RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070012573 


	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. David K. Haasenritter

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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

2.  The applicant states that the Purple Heart should have been listed on his    DD Form 214.

3.  The applicant provides his DD Form 214; a Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim); two Western Union telegrams; and a copy of a newspaper article.

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 was inducted into the Army on 7 November 1952.  He arrived in Korea on 15 May 1953.  

3.  The applicant was medically evacuated from Korea on 8 July 1953 after being credited with participation in one campaign.

4.  Tokyo Army Hospital General Orders Number 70, dated 16 July 1953, awarded the applicant the Purple Heart for wounds received on 8 July 1953.

5.  The applicant was released from active duty on 30 April 1954 after completing 1 year, 5 months, and 24 days of creditable active service with no time lost and was placed on the Temporary Disability Retired List.  His DD Form 214 shows he was awarded the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge.  It also shows he was wounded in action on       8 July 1953.

6.  The applicant was permanently retired for disability effective 20 June 1956.

7.  The applicant’s records contain no derogatory information.  His DD Form    230 (Service Record) shows he had 1 year, 5 months, and 24 days of active service towards the Army Good Conduct Medal.  His records do not reflect any conduct and efficiency ratings.

8.  Army Regulation 600-65, in effect at the time, provided policy and criteria concerning service medals.  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, for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 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 and there must have been no convictions by court-martial.

9.  Army Regulation 600-8-2 (Military Awards) is the current regulation that provides Army policy and criteria concerning individual military decorations.  It states the National Defense Service Medal is awarded 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 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Korean Service Medal.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple Heart.  Therefore, his DD Form 214 should be amended to add the Purple Heart.

2.  The applicant met the eligibility criteria for award of the National Defense Service Medal and the ROKWSM and to wear one bronze service star on his Korean Service Medal.  His DD Form 214 should be amended to reflect these awards.

3.  The applicant completed over 17 months of creditable active service with no record of disciplinary actions in his records.  Although his records do not reflect any conduct and efficiency ratings, his DD Form 230 shows he had 1 year,         5 months, and 24 days of active service towards the Army Good Conduct Medal. That was all of his service, and therefore presumably all of his service qualified for award of the Army Good Conduct Medal.  It appears he should be awarded the Army Good Conduct Medal. 

BOARD VOTE:

__dkh___  __jrh___  __eem___  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 first award of the Army Good Conduct Medal for the period 7 November 1952 through 30 April 1954; and

     

	b.  adding the Purple Heart, the Army Good Conduct Medal, the National Defense Service Medal, and the ROKWSM to his DD Form 214 and to amend his DD Form 214 to show he is eligible to wear one bronze service star on his already-awarded Korean Service Medal.




	David K. Haasenritter
          		CHAIRPERSON

INDEX

CASE ID
AR20070012573
SUFFIX

RECON

DATE BOARDED
20080125
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.