RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070017308 


	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:


M

Chairperson

M

Member

M

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 his records be corrected to show numerous awards, including:

	a.  the Bronze Star Medal with “V” Device for heroism;

	b.  the Purple Heart;

	c.  the Korean Service Medal;

	d.  the United Nations Service Medal;

	e.  the National Defense Service Medal;

	f.  the Good Conduct Medal;

	g.  the Korean Presidential Unit Citation;

	h.  the Republic of Korea War Service Medal; and

	i.  the Presidential Unit Citation

2.  The applicant states, in effect, he served during World War II and the Korean War, but his DD Form 214 (Report of Separation from the Armed Forces of the United States) from the Korean War only shows the Combat Infantryman Badge in Block 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

3.  The applicant provides a well-constructed brief in support of his application.  He also provides:

	a.  A copy of his WD AGO Form 53 (Enlisted Record and Report of Separation -  Honorable Discharge) for the period 3 July 1946 to 13 November 1947.  This document correctly shows award of the World War II Victory Medal and the Army of Occupation Medal with Japan Clasp.

	b.  A copy of his DD Form 214 for the period 17 September 1950 to
29 February 1952.  This document shows he served with Company F, 7th Cavalry Regiment; that he was an infantryman; that he was wounded in Korea on 
15 February 1951; that he was evacuated to Brooke Army Hospital, Fort Sam Houston, Texas where he was retired on permanent disability; and that he was awarded the Combat Infantryman Badge.

	c.  A Bronze Star Medal Certificate with a copy of the awarding General Orders.  The Bronze Star Medal was awarded for heroism.

	d.  A copy of a page from the Miami (FL) Sunday News, dated May 27, 1951.  A story entitled, "Place Alive With Chinks – But [Applicant's] Luck Held Out."

	e.  A copy of a photo from the January 24, 1952 Miami (FL) herald newspaper showing the applicant being awarded the Bronze Star Medal for gallantry.

	f.  General Orders Number 68, Headquarters, Tokyo Army Hospital, 8059th Army Unit, APO 1052, dated 28 February 1951, awarding the applicant the Purple Heart for wounds received in Korea on 15 February 1951.

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 record shows he enlisted in the Regular Army on 3 July 1946. He was trained in and awarded military occupational specialty (MOS) 405 (Clerk Typist) and was transferred to the Pacific Theater of Operations (PTO), departing the United States on 6 November 1946 and arriving in Japan on 23 November 1946.  He served occupation duty in Japan for 366 days before departing the PTO on 20 October 1947 and arriving in the United States on 6 November 1947.


3.  The applicant's WD AGO Form 53 shows he served a total of 1 year, 4 months, and 11 days and that he was honorably discharged as a Technician Fifth Grade.  He was awarded the World War II Victory Medal and the Army of Occupation Medal with Japan Clasp.  He joined the Enlisted Reserve Corps (ERC) on 11 November 1947.

4.  The applicant was called to active duty from the ERC on 17 September 1950 at Fort Hood, Texas.  He was trained as a Heavy Weapons Infantryman, MOS 4812, from 19 September 1950 to 20 November 1950.  He was then transferred to Camp Stoneman, California pending overseas transfer.  On 29 November 1950, he arrived in Japan en route to an assignment with the 1st Cavalry Division in Korea.  On 20 December 1950, the applicant was assigned to Company F of the famed 7th Cavalry Regiment.

5.  On 15 February 1951, the applicant took part in an action against enemy forces near Konjiam-ni, Korea.  For his heroic actions on that day, he was awarded the Bronze Star Medal with “V” Device by General Orders Number 134, Headquarters, 1st Cavalry Division, dated 14 July 1951.  During this action, the applicant was wounded by an enemy hand grenade.  He received wounds to his back, shoulder, and face.  His condition required medical evacuation from Korea and he was initially sent to Tokyo Army Hospital in Japan, then to Brooke Army Hospital in Texas.  He was ultimately medically retired based on permanent disability.

6.  The applicant's DD Form 214 for his service from 17 September 1950 to 29 February 1952 only shows only that he was awarded the Combat Infantryman Badge.  It shows he was wounded on 15 February 1951 in Korea, but it does not show ward of the Purple Heart.  It also does not show award of his Bronze Star Medal with V Device.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Bronze service stars are authorized for wear on the Korean Service Medal to represent campaign participation credit.  During the applicant's service in Korea, there were two campaigns - CCF Intervention (3 November 1950 - 24 January 1951), and First UN Counteroffensive (25 January 1951 - 21 April 1951).
	b.  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.

	c.  The United Nations Service Medal is awarded for service in Korea 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.

	d.  The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Regulations in effect at the time stated 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.  The applicant's record shows his service was excellent and that he had no convictions by court-martial.

	e.  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.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War.  This document shows the unit to which the applicant was assigned, the 7th Cavalry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for the period 16 August to 26 September 1950 by 
Department of the Army General Order Number 35, dated 1951.  The unit was also awarded the Distinguished Unit Citation [now the Presidential Unit Citation] for action on 12 September 1950 by Department of the Army General Order Number 33, dated 1952, and for the period 3-12 October 1951 by Department of the Army General Order Number 74, dated 1952.  Permanent award of unit awards to individuals requires that the individual be assigned to the unit and present at the time for which the unit was cited for the award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show he was awarded the Bronze Star Medal with “V” Device for heroism, the Purple Heart, the Korean Service Medal, the National Defense Service Medal, the United Nations Service Medal, the Good Conduct Medal, the Republic of Korea Presidential Unit Citation, the Republic of Korea War Service Medal, and the Presidential Unit Citation [formerly known as the Distinguished Unit Citation], the Republic of Korea War Service Medal, and the Presidential Unit Citation.

2.  The applicant's record contains orders awarding him the Bronze Star Medal with “V” Device and the Purple Heart.  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

3.  The applicant served in Korea during the Korean War.  He was wounded and medically evacuated from the theater of operations.  In accordance with Army regulations, he is entitled to award of the Korean Service Medal with 2 Bronze Service Stars and the United Nations Service Medal.  Therefore, he should receive these awards and they should be annotated on his DD Form 214.

4.  The applicant had honorable service with excellent conduct and efficiency ratings and no convictions by courts-martial.  Therefore, he should be awarded the Good Conduct Medal for the period 17 September 1950 through 29 February 1952 and it should be added to his DD Form 214.

5.  The applicant's service in Korea qualifies him for award of the Republic of Korea War Service Medal.  Therefore, he should receive this award and it should be added to his DD Form 214.

6.  The Republic of Korea Presidential Unit Citation and the “Distinguished Unit Citation” were awarded to the 7th Cavalry Regiment; however, these awards were not authorized during the time the applicant was assigned to this unit.  Therefore, he does not qualify for these unit awards.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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.  awarding him the Good Conduct Medal for the period 17 September 1950 through 29 February 1952, the National Defense Service Medal, the Korean Service Medal with 2 Bronze Service Stars, the United Nations Service Medal, and the Republic of Korea War Service Medal; and

	b.  adding to his DD Form 214, the Bronze Star Medal with “V” Device, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with 2 Bronze Service Stars, 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 Korean Presidential Unit Citation and the Distinguished Unit Citation, now known as the Presidential Unit Citation. 

3.  The Board wants the applicant and all others concerned to know that it appreciates the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



							XXX
      	______________________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017308



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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