RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070012984 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded two awards of the Purple Heart (correctly known as the Purple Heart with 1st Oak Leaf Cluster).

2.  The applicant states, in effect, that his records do not reflect what is shown in his medical records. 

3.  The applicant provides documentation from his medical records, a copy of his Department of Veterans Affairs (VA) Rating Decision, and a copy of his DD Form 214 in support of his request.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he enlisted and entered active duty on 26 June 1946.  He was trained in military occupational specialty (MOS) 667 (Code Clerk).  He served in the Asiatic-Pacific Theater of Operations (APTO) from 2 October 1946 to 27 April 1948.  He was promoted to Tec/5 (technician five) on 3 November 1947.  He was honorably separated on 30 April 1948.  He was transferred to the Enlisted Reserve Corps.

3.  The applicant’s WD AGO Form 53 (Enlisted Record and Report of Separation) shows he was awarded the World War II Victory Medal and Army of Occupation Medal, with Japan Clasp.  His WD AGO Form 53 does not show any additional awards.  
4. Item 4 (Arm or Service), of the applicant's WD AGO Form 53, dated 30 April 1948, shows that he was an infantry Soldier and in item 6 (Organization), shows HQ HQ CO (Headquarters and Headquarters Company), 188th PRCHT (Parachute) Inf (Infantry) RGT (Regiment), as his last unit of assignment.

5.  Item 41 (Service Schools Attended), of the applicant's WD AGO Form 53, shows he completed the "Parachute Sch (School) 3 Weeks and the Glider Sch 2 Weeks."  He held the titles of "Parachutist" and "Gliderist." 

6.  On his separation from the Regular Army, the applicant enlisted in the Enlisted Reserve as a Tec/5.  On 20 October 1950, he was ordered to active duty and was trained in MOS 4667 (Signal Message Clerk).  He completed 2 months of foreign service.  He served until he was separated for the purpose of medical retirement on 31 May 1952.

7.  The applicant's DD Form 214 shows he was awarded the Combat Infantryman Badge, the Purple Heart, and the Korean Service Medal with one bronze service star.  His DD Form 214 does not show any additional awards.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of his DD Form 214, shows the entry "GSW –rt (right) Elbow 14 Jan 51 (14 January 1951) - Korea".

9.  There are no orders in the applicant's reconstructed service personnel records which show that he was awarded two awards of the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action on two occasions while serving in Korea.

10.  The applicant's name appears on the Korean War Casualty File for a wound received on 14 January 1951 during his service in Korea as a result of enemy action.  It failed to show that he was listed for any additional wounds.

11.  The medical documentation provided by the applicant shows that he was diagnosed as having a missile wound to his right elbow and forearm.  He had ulnar nerve involvement, no artery involvement, and WIA (wounded in action) by enemy shell fragments at 1135 hours on 14 January 1951 in Korea which was considered in the LOD (Line of duty). 

12.  The applicant provides a copy of his VA Rating Decision, dated 23 January 2006, which shows that he sustained multiple gunshot wounds/missile wound involving the right elbow, right wrist, and right hypothenar eminance on 14 January 1951.
13.  Army Regulation (AR) 600-8-22 (Military Awards) 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.  Paragraph 2-8d states that "not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent."

14.  AR 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

15.  AR 600-8-22 states, in pertinent part, that award of the Glider Badge was discontinued effective 3 May 1961.  The regulation authorizes wear of the Glider Badge if the individual met the eligibility requirements then in effect.  The regulation also provides for award of the Glider Badge retroactively when it can be established by means of sufficient documentation that the proficiency tests then prescribed were satisfactorily completed while the individual was assigned or attached to an airborne unit, or to the Airborne Department of the Infantry School, or by participating in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.

16.  AR 600-8-22 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.

17.  AR 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

18.  AR 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.

19.  AR 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for item 27 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders officially awarding the applicant two awards of the Purple Heart.  The applicant's name is shown on the Korean War Casualty File only once for the wounds he sustained on 14 January 1951 for which he was awarded a Purple Heart.  His DD Form 214 indicated that he was awarded the Purple Heart when he received a gunshot wound to his right elbow on 14 January 1951 while serving in Korea.

2.  There are no medical records available to show that he was treated twice for wounds as a result of hostile action.   Therefore, there is insufficient evidence to award a second award of the Purple Heart.

3.  The evidence shows that the applicant completed the Parachutist School, which was 3 weeks in length; and the Glider School, which was 2 weeks in length, and was assigned to an airborne unit, HHC, 188th Parachute Infantry Regiment, while he served on active duty in the Army, during World War II.  The 
applicant was awarded the titles, "Parachutist" and "Gliderist."  He is therefore eligible to have the Parachutist Badge and the Glider Badge added to item 27, of his DD Form 214.

4.  The evidence shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal.  He is therefore entitled to this award and correction of his records to show this award. 

5.  The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  He is therefore entitled to this award and correction of his records to show this award.

6.  Based on award of the Korean Service Medal, the applicant is entitled to be awarded the United Nations Service Medal.  Therefore, he is entitled to this award and correction of his records to show this award.

7.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___LB___  __PMS__  ___SLP__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to award him a second award of the Purple Heart and to show it on his DD Form 214.


2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by correcting is 31 May 1952 DD Form 214 by:

	a.  awarding the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal; and

	b.  showing award of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal, Parachutist Badge, Glider Badge, World War II Victory Medal, and the Army of Occupation Medal with Japan Clasp.




______Shirley L. Powell_____
          CHAIRPERSON




INDEX

CASE ID
AR20070012894
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080129
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19520531
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY/GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.