RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20080000753 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 26 July 1955.

2.  The applicant states that he was wounded in Korea and received the Purple Heart.  Someone stole the medal, and it cannot be replaced because there is no record to verify he received it.

3.  The applicant provides his DD Form 214 for the period ending 26 July 1955; one Veterans Administration and one Department of Veterans Affairs (VA) Rating Decision; an Air Force (AF) Form 7 (Airman Military Record); two Korean War Casualties, 7th Infantry Division, 57th Field Artillery Battalion, letters; a page from the Korean Casualty File; a letter, dated 11 April 2003, from the National Personnel Records Center; a VA Form 21-523 (Disallowance Disability or    Death Claim); a Casualty Report; copies of service medical records; and two Recommendations for Leave – Enlisted Patients.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant’s DD Form 214 for the period ending     26 July 1955 be amended to add the Purple Heart.

2.  Counsel states that service medical records verify the applicant was wounded in action.

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 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 applicant’s Army 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 applicant’s AF Form 7 shows he enlisted in the Regular Army on           29 March 1950 and arrived in Korea on or about 1 August 1950.

4.  The Casualty Report provided by the applicant and the Korean Casualty File show the applicant was wounded in action on 29 November 1950.  Several service medical documents indicate he was wounded in action twice – once on 29 November 1950 in the left thigh by small arms fire and again on 30 November 1950 on the left side of the scalp due to shell fragments.  He was assigned to Battery A, 57th Field Artillery Battalion, 7th Infantry Division at the time and was medically evacuated after he was wounded.

5.  The applicant was honorably discharged on 26 July 1955.  Item                    27 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending        26 July 1955 shows he was awarded the National Defense Service Medal and the Army of Occupation Medal with Germany clasp.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry, “None.”

6.  The applicant would have been credited with participation in three campaigns: United Nations Defensive (27 June through 15 September 1950); United Nations Offensive (16 September through 2 November 1950); and Communist Chinese Forces Intervention (3 November 1950 through 24 January 1951).

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

8.  Army Regulation 600-8-22 provides for award of the Korean Service Medal for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

9.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  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.

10.  Army Regulation 600-8-22 states 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. 

11.  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.  

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea during the Korean War.  This document shows that, at the time of the applicant's assignment to the 57th Field Artillery Battalion, 7th Infantry Division, it was cited for award of the Republic of Korea Presidential Unit Citation for the period 15 through 27 September 1950 by Department of the Army General Orders (DAGO) Number 35, dated 1951 and for the period 30 September 1950 through 27 July 1953 by DAGO 22, dated 1956.

13.  Department of the Army Pamphlet 672-1 also shows that, at the time of the applicant’s assignment to the 57th Field Artillery Battalion, 7th Infantry Division,   it was cited for award of the Navy Presidential Unit Citation for the period          27 November through 11 December 1950 by DAGO Number 56, dated 1953.

DISCUSSION AND CONCLUSIONS:

1.  The Korean Casualty File shows that the applicant was wounded in action on 29 November 1950.  However, several documents in his service medical records indicate he was wounded twice, once on 29 November 1950 and once on         30 November 1950.  The service medical records are accepted as sufficient evidence to show he was wounded twice and is therefore eligible for award of the Purple Heart with First Oak Leaf Cluster.

2.  Item 29 of the applicant’s DD Form 214 for the period ending 26 July 1955 should also be amended to show he was wounded on 29 November 1950 in Korea and on 30 November 1950 in Korea.

3.  Although the applicant’s assignment to the 57th Field Artillery Battalion can be only verified for the period on or around 29 November 1950, it is presumed that he was assigned to this unit from on or about 1 August 1950 until he departed Korea.  Therefore, the applicant’s DD Form 214 for the period ending 26 July 1955 should be amended to add the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Republic of Korea War Service Medal, two awards of the Republic of Korea Presidential Unit Citation, and the Navy Presidential Unit Citation.

BOARD VOTE:

__XXX___ __XXX___ __XXX__  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 for wounds received on 29 November   1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on     30 November 1950; 

     b.  adding the Purple Heart with First Oak Leaf Cluster, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Republic of Korea War Service Medal, two awards of the Republic of Korea Presidential Unit Citation, and the Navy Presidential Unit Citation to his DD Form 214 for the period ending 26 July 1955; and

     c.  amending item 29 of his DD Form 214 for the period ending 26 July 1955 to show he was wounded on 29 November 1950 in Korea and on 30 November 1950 in Korea.




                            __XXX____
                		CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080000753


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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