RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070013827


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was born on 12 May 1925; that he was single; and that he was awarded the Purple Heart for wounds received in the Republic of Korea.  

2.  The applicant states that he was born on 12 May 1925 and has never been married.  He further states that he was shot in the right knee in the Korean War and still has the scar.

3.  The applicant provides copies of his DD Form 214 and Certificate of Birth.

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.  WD AGO Form 21 (Enlistment Record, Regular Army), signed by the applicant and recruiting officer on 25 August 1948, indicates the applicant’s date of birth as 12 May 1925, and that his marital status was single.  He had enlisted for 3 years.  He performed duties as a light vehicle driver and a firefighter.

3.  On 30 December 1948, the applicant was assigned for duty with the
12th Cavalry Regiment in Yokohama, Japan.  

4.  On 5 July 1950, the applicant departed Japan for the Port of Pusan, in the Republic of Korea, arriving on 6 July 1950.  He was subsequently assigned to the 3rd Engineer Battalion, 24th Infantry Regiment.



5.  On 24 July 1950, the applicant departed the Port of Pusan enroute to Osaka, Japan.  He arrived on 25 July 1950.  He was assigned to the Medical Holding Detachment, 361st Station Hospital from 28 July to 17 August 1950.  The medical records are not available for review.

6.  On 18 August 1950, the applicant was released from the Medical Holding Detachment and subsequently assigned to Headquarters Company, Yokohama Command (Pipeline).  He also served with the 163rd Transportation Car Company as a driver from 12 September 1950 to 14 July 1951.

7.  NME Form 93 (Record of Emergency Data) states that the applicant’s sister and grandmother were to be notified in case of an emergency.  Item 9 (Spouse) shows “None.” 

8.  On 15 July 1951, the applicant was assigned for duty as a firefighter with the 8014th Army Unit.   

9.  On 16 November 1951, the applicant was honorably discharged for the purpose of immediate reenlistment.  He had attained the rank of private first class and had completed 3 years, 2 months, and 16 days of creditable active duty.  He had 6 days lost due to being absent without leave.

10.  The DA Form 214, effective 16 November 1951, shows in Item 10 (Date of Birth) the entry “25 May 25.”  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army of Occupation Medal with Japan Clasp, Korean Service Medal, and the Republic of Korea Presidential Unit Citation.  It did not show the Purple Heart.  Item 43 (Marital Status) shows the entry “Single.”

11.  On 17 November 1951, the applicant reenlisted in the Regular Army for 
3 years.  His DD Form 4 (Enlistment Record) shows that he was single and that his date of birth was 25 May 1925.

12.  On 9 December 1951, the applicant was returned to the United States from his overseas tour.  He performed duties as a light vehicle driver and a firefighter until 19 February 1954.

13.  On 20 February 1954, the applicant was assigned as a patient to the Medical Holding Detachment, William Beaumont Hospital, Fort Bliss, Texas.  


14.  On 31 May 1954, the applicant was medically retired due to a permanent physical disability.  He had attained the rank of corporal and had completed a total of 5 years and 9 months creditable active service.  

15.  The applicant’s DD Form 214, effective 31 May 1954, shows that he was married and was born on 25 May 1925.  It lists his awards as the Good Conduct Medal and the National Defense Service Medal.  It does not show the Purple Heart.

16.  The authorization letter for the applicant’s retired identification card indicates that his date of birth was 12 May 1925.  There is no evidence showing that a similar authorization was provided for a spouse.  

17.  Army Regulation 600-8-22 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. 

18.  The applicant's name is not on the Korean Casualty Roster.

19.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

20.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Korea, he participated in the United Nations Defense Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

21.  Army Regulation 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.

22.  Item 32 (Qualification in Arms) of the applicant’s DA AGO Form 20 (Soldier’s Qualification Card) shows that he qualified as a sharpshooter with the M-1 rifle and carbine.

DISCUSSION AND CONCLUSIONS:

1.  While there are a few documents in the applicant’s military record that shows he was born on 25 May 1925 and was married at the time of his retirement, the majority of these record shows he was single and had been born on 12 May 1925.  Therefore, it appears that administrative errors were made and his request to correct these entries on his DD Form 214 should be granted at this time.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Korean Casualty Roster.  The evidence of record indicates that the applicant served for less than a month in the Republic of Korea and was then returned to Japan as a patient.  However, there is no evidence showing that his injury or illness was the result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

3.  Evidence of record shows the applicant participated in one campaign during his service in the Republic of Korea.  Therefore, he is eligible for award of a bronze service star to be affixed to his Korean Service Medal.

4.  Evidence of record shows the applicant served during a qualifying period for award of the United Nations Service Medal.  Therefore, his records should be corrected to show this award.

5.  Evidence of record further shows the applicant qualified as a sharpshooter with his rifle and carbine.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KAN__  __JAM __  __SAP__    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:

	a.  showing on his DD Form 214, effective 31 May 1954, that he was single and was born on 12 May 1925; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include a bronze service star to be affixed to his already-awarded Korean Service Medal, the United Nations Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars.

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.  




	__Kathleen A. Newman ___
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.