RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070015986 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 late father’s records, a former service member (FSM), to show award of the American Campaign Medal, the Army of Occupation Medal (Japan), the Korean Service Medal, the United Nations Service Medal, and the Purple Heart.

2.  The applicant states:

	a.  The FSM served honorably during World War II with duty in the Continental United States (CONUS) from 14 July 1942 to 19 February 1946.  He is therefore entitled to award of the American Campaign Medal;

	b.  The FSM served in post-war Japan between 3 September 1945 and 27 April 1952 and is entitled to award of the Army of Occupation Medal (Japan);

	c.  The FSM served with the 7th Infantry Division as a Military Policeman from on/about 4 September 1950 to on/about 19 February 1952 and is entitled to award of the Korean Service Medal (with appropriate campaign stars), United Nations Service Medal, two Meritorious Unit Citations, and two Republic of Korea (ROK) Presidential Unit Citations; and

	d.  The FSM suffered from frostbite while serving in Korea and also back and nasal cavity injuries when his tank exploded.  He therefore should be entitled to the Purple Heart.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  National Archives (NA) and Records Administration Form 13038 (Certification of Military Service), dated 21 September 2005 for periods of service July 1942 to September 1951 and September 1951 to January 1964;

	b.  WD AGO Form 8-33 (Clinical Record Brief), dated 9 September 1950;

	c.  WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 19 February 1946;

	d.  DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 6 January 1954; 

	e.  Veterans Administration (VA) Form 8-526e (Veteran’s Application for Compensation or Pension), dated 15 January 1954;

	f. VA Outpatient Clinic, Orthopedic Clinic, Letters, dated 7 September 1976 and 1 November 1977;

	g.  Standard Form (SF) 513 (Medical Record-Consultation Sheet), dated 18 July 1983;

	h.  SF 509 (Medical Record-Progress Notes), dated 6 September 1983;

	i.  Certificate of Death, dated 7 April 2005;

	j.  Certificate of Birth, dated 12 January 1947; and

	k.  Extract of history of the 7th Infantry Division.

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 FSM'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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States and entered on active duty on 14 July 1942 in military occupational specialty (MOS) 475 (Winch Operator).  According to his WD AGO Form 53-55, he was honorably discharged 

on 19 February 1946.  Although he served a total of 3 years, 7 months, and 6 days, he received credit for only 2 years, 11 months, and 3 days because of some 242 days of lost time under Article 107 of the Articles of War.  All of his service was in CONUS; he never deployed to the European or Asiatic Theaters of Operation.

4.  The FSM's WD AGO Form 53-55 also shows he was awarded the American Service Medal [sic] and the World War II Victory Medal.

5.  The FSM's records are incomplete for the period from 20 February 1946 through 9 September 1951.  A WD Form 371 (Final Payment Roll) shows that the FSM was discharged at the Fort Lewis (WA) Recruiting Office on 12 January 1948 and was paid on 13 January 1948.  This suggests he reenlisted on 13 January 1948.

6.  The FSM's records contain a properly constituted DD Form 214 for the period 10 September 1951 through 6 January 1954.  This document shows the FSM reenlisted at Chunchon, Korea for 6 years.  It further shows he was separated at William Beaumont Army Hospital, Fort Bliss, TX with a general (under honorable conditions) discharge by reason of physical disability involving his feet – he had bilateral hyperhidrosis (excessively sweaty feet) and dermatophytosis (athlete's foot).  He had 3 months and 11 days of overseas service for the period defined by the DD Form 214.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the National Defense Service Ribbon and Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None.”

7.  The FSM's name does not appear on the Korean War Casualty Roster, a compilation of Soldiers wounded or killed during the Korean War.

8.  The applicant submitted a copy of the FSM's WD AGO Form 8-33, dated 9 September 1950.  This form shows that the FSM was assigned to the 7th Replacement Company (Military Police), 7th Infantry Division, and that he was admitted to the 128th Station Hospital in Camp Zama, Japan, on 4 September 1950 for "bilateral-feet; fungus not determined."  The form shows he was returned to duty on 9 September 1950.

9.  The applicant submitted a copy of the FSM's VA Form 8-526e, dated 15 January 1954.  This form shows that the FSM submitted a VA claim for frostbite received in Korea in 1950 in both feet.  He listed treatments received at a U.S. Marine field hospital in Korea in December 1950; an Army field hospital in 

Korea in December 1950; a Swedish hospital in Pusan, Korea, in January 1951; a U.S. military hospital in Sasebo, Japan, in January 1951; a U.S. Army hospital at Fort Jackson, South Carolina, in February 1952; and at William Beaumont Army Hospital, El Paso, Texas, in March 1952.

10.  The applicant submitted a copy of the FSM's orthopedic clinic report, dated 7 September 1976, which states that the FSM developed back pains in Korea in 1950, that resulted from being thrown from a tank which was struck by a shell while going up a hill.  He was initially evacuated to Pusan, Korea and was subsequently evacuated for further treatment and recovery in the United States. 

11.  The applicant submitted a copy of the FSM's orthopedic clinic report, dated 1 November 1977, which states that the FSM was in a tank outfit in 1950 when his tank was struck by a shell and was blown up.  The tank and the FSM were thrown down a very rugged and steep mountain and he suffered trauma and had severe pain.  He was sent to Japan for treatment and was subsequently discharged in 1954 for disability.

12.  The FSM's consultation sheet, dated 18 July 1983, shows that he suffered Korean War flashbacks and was unable to sleep.  Further progress reports, dated 6 September 1983, show that the FSM was having severe low back and leg pain due to having frozen feet in Korea in 1950. 

13.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces 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 after 5 April 1917, died or sustained wounds as a result of hostile action.

14.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.


15.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

16.  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.

17.  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.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945

19.  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:  (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. 

20.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most  recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM be awarded the American Campaign Medal.  The FSM's WD AGO Form 53-55 shows he was awarded the American Service Medal [sic] and the World War II Victory Medal.  There is no award called the "American Service Medal."  There is an American Defense Service Medal which was awarded to Soldiers on active duty at the time of the attack on Pearl Harbor, and there is an American Campaign Medal which was awarded for aggregate service in CONUS of at least 1 year.  It is believed the FSM's WD AGO Form 53-55 erroneously identified the American Campaign Medal and the "American Service Medal."  This should be corrected.

2.  The applicant requests the FSM be awarded the Army of Occupation Medal, the Purple Heart, and other Korean War era awards and decorations.  Little is known of the FSM's service from his reenlistment at Fort Lewis on 13 January 1948 to his reenlistment in Chunchon, Korea on 10 September 1951 as a member of the 7th Infantry Division.  However, the history of the 7th Division shows the following:

	a.  The 7th Infantry Division fought in the Pacific Theater during World War II.  After World War II, the Division performed occupation duty in Korea from 1946 to 1948.  Starting in the fall of 1948, the Division began withdrawing from Korea as an occupation force.  By December 1948, the 7th Infantry Division had relocated to the northernmost parts of Japan, Honshu and the island of Hokkaido.

	b.  The Korean War began on 25 June 1950 when North Korea attacked South Korea.  Between 25 June 1950 and 15 September 1950, all American combat divisions were hastily moved from Japan to Korea, leaving only the 7th Infantry Division in Japan.  The Division was stripped of most of its cadre 

noncomissioned officers and specialists who were assigned to divisions deploying to Korea.  After depleting the Division, it stood at one-half of its pre-Korean War strength, with only 574 officers and 8,200 enlisted men.

	c.  In order to bring the 7th Division back up to any reasonable wartime strength General Douglas MacArthur conceived a plan for replacements wherein he would attach more than 8,000 South Korean soldiers to the Division.  To that end, he directed the 8th Army Commander, General Walton Walker, to procure, screen, and ship to Japan able-bodied South Korean males for use in rounding out the 7th Division.

	d.  On 15 September 1950, the 7th Infantry Division sailed from Yokohama, Japan to Korea.  On the same day, US Marines landed on the Korean Peninsula at Inchon.  The 7th Division landed at Inchon 3 days later, entering the Korean War on 18 September 1950.

3.  Based upon the scant evidence available, it appears the FSM was with the 7th Infantry Division in Japan – he was admitted to the 128th Station Hospital, Camp Zama on 4 September 1950 for treatment of athlete's foot, and returned to duty with the "(MP) 7th Repl Co, 7th Inf Div" on 9 September 1950.  Unfortunately, the FSM's records do not show when he arrived in Japan for duty with the 7th infantry Division, therefore it cannot be shown that he performed 30 days of occupation duty in Japan with the 7th Division.  Entitlement to the Army of Occupation Medal cannot be determined.

4.  The 7th Infantry Division landed on the Korean Peninsula on 18 September 1950, having sailed from Yokohama to Inchon.  The applicant's DD Form 214 for the period 10 September 1951 to 6 January 1954 shows he reenlisted at Chunchon, Korea on 10 September 1951, so it is safe to assume he served in Korea from 18 September 1950 until at least 10 September 1951.  This service would qualify him for award of the Korean Service Medal with one silver service star for the following campaigns:  UN Offensive (16 September-2 November 1950); CCF Intervention (3 November 1950-24 January 1951); First UN Counteroffensive (25 January-21 April 1951); CCF Spring Offensive (22 April-8 July 1951); and the UN Summer-Fall Offensive (9 July-27 November 1951).  This should be reflected on his DD Form 214.

5.  There is no definitive evidence in the FSM's records to show his unit of assignment with the 7th Infantry Division.  Without such evidence, it is not possible to determine which, if any, unit awards he may be entitled.

6.  Based upon award of the Korean Service Medal, the FSM would have been entitled to award of the United Nations Service Medal.  He would also be entitled to award of the Republic of Korea War Service Medal.  These awards should be added to his DD Form 214.

7.  With respect to the FSM's entitlement to award of the Purple Heart, there are no General Orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  Additionally, in the absence of the FSM's WD AGO Form 53-55, for the period
19 February 1946 to 9 September 1951, that shows the FSM's awards and decorations during this period, wounds received, units of assignment, and/or participation in specific campaigns, the applicant's entitlement to award of the Purple Heart cannot be determined.

8.  The only medical records available show that the FSM suffered from sweaty, athlete's foot; this would not qualify him for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__mkp___  __svw___  __jcr___  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 correcting his DD Form 214 for the period 10 September 1951 through 6 January 1954 to show award of the American Campaign Medal, the World War II Victory Medal, the Korean Service Medal with silver service star, the United Nations Service Medal, and the Republic of Korea War Service Medal.


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 the Purple Heart, the Army of Occupation Medal (Japan), and any unit citations for Korean War service.



					Margaret K. Patterson
______________________
          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.