RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070016008 


	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:


Mr. Mark D. Manning

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Rowland C. Heflin

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 military records to show award of the Purple Heart.

2.  The applicant states, in effect, that he was given two Purple Heart Medals with his name on the back of each medal.  He wants his records corrected in order to obtain Purple Heart license plates.

3.  The applicant provided a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 9 May 1953, in support of his application. 

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 complete military records are not available 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, those documents remaining in a reconstructed record were sufficient to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years and entered active military service on 10 May 1950 in military occupational specialty (MOS) 4345 (Light Truck Driver).  He was assigned to Headquarters and Service Company, 1401st Engineer Combat Battalion.  The highest rank he attained during his military service was corporal (CPL)/E-4.  He was honorably discharged at Fort Lewis, Washington, on 9 May 1953.

4.  The applicant's DD Form 214 further shows he completed 1 year, 1 month, and 11 days of foreign service.  

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge and the Korean Service Medal with five bronze service stars.  Item 27 does not show award of the Purple Heart.

6.  Item 28 (Wounds Received as a Result of Action With Enemy Forces) of the applicant's DD Form 214 contains the entry "Gun shot wound pen[etrating] right shoulder 9 Sept 51 Korea."

7.  The applicant’s available records do not contain general orders awarding him the Purple Heart.  The applicant’s medical records are not available for review with this case.

8.  The applicant's name appears one time on the Korean War Casualty File.  The entry confirms that he received a gunshot wound on 9 September 1951 and that he was returned to duty following treatment.

9.  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.

10.  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 military medical personnel, 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.

11.  The applicant's record shows that he is entitled to additional awards that are not listed on his DD Form 214.

12.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the 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.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

14.  Army Regulation 672-5-1 (Military Awards) provides 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,inclusive.  This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon.

15.  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.




16.  Army Regulation 600-8-22, 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.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars. 

17.  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 applicant requests his records be corrected to show he was awarded the Purple Heart.  He contends he has two Purple Heart medals with his name inscribed on the reverse side of each.

2.  The applicant's record contains sufficient evidence to show he was wounded in action on one occasion when he sustained a penetrating gunshot wound to his right shoulder on 9 September 1951 while serving in Korea.  Therefore, he is entitled to correction of his records to show this award.  There is no evidence he was wounded a second time; an explanation for his having two medals could be that he was awarded the Purple Heart by a hospital commander and by his company commander for the same 9 September 1951 wounding incident.

3.  Evidence of record confirms that the applicant received an Honorable Discharge for his service during the period 10 May 1950 to 9 May 1953.  In his
3 years of service, given his rise to the noncommissioned officer’s rank of corporal; his achievements in combat as evidenced by his award of the Purple Heart and the Combat Infantryman Badge; and lacking any derogatory information on file that would have disqualified him, it would be appropriate to 

award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Army Good Conduct Medal (First Award).

4.  Evidence of record shows that the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of record shows that the applicant completed 1 year, 1 month, and 11 days of overseas service.  Based on his award of the Korean Service Medal with five bronze service stars, and the fact that he was wounded in Korea on 9 September 1951, the applicant must have served his entire overseas service in Korea.  Therefore, the applicant would have been entitled to award of the United Nations Service Medal and correction of his records to show this award.  He would also be entitled to award of the Republic of Korea War Service Medal and correction of his records to show this award.  

6.  The applicant’s DD Form 214 shows he was awarded the Korean Service Medal with five bronze service stars, indicating participation in five campaigns during his service in Korea.  By regulation, a silver service star is authorized in lieu of five bronze service stars.  Therefore, the applicant is entitled to correction of his records to show a silver service star in lieu of five bronze service stars.  

BOARD VOTE:

__mdm___  __jlr___  __rch___  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 Purple Heart; the Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity during the period from
10 May 1950 to 9 May 1953; the United Nations Service Medal; the Republic of Korea War Service Medal; and one silver service star for wear on his already-awarded Korean Service Medal;

	b.  deleting the Korean Service Medal with 5 bronze service stars from his DD Form 214; and 

	c.  adding the Purple Heart, the Good Conduct Medal, the Korean Service Medal with one silver service star, the United Nations Service Medal, and the Republic of Korea War Service Medal to his DD Form 214.



							Mark D. Manning
	______________________
          		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.