IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080001469 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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) with the period ending 3 July 
1954 to show award of two Purple Hearts, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge (M-1).

2.  The applicant states, in effect, that the above awards should be included on his DD Form 214.  He also states that he was wounded twice on the same night on Pork Chop Hill and that his medical records should show that his wounds could not have been caused by a single mortar round. 

3.  The applicant provides his DD Form 214 and a memorandum from 
L Company, 3rd Battalion, 2nd Infantry Regiment, 5th Infantry Division, dated 
27 October 1952.

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 records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214, L Company, 3rd Battalion, 2nd Infantry Regiment, 5th Infantry Division memorandum, and medical documents.

3.  The applicant's DD Form 214 shows he was inducted and entered active duty on 20 August 1952.  Item 26 (Foreign and/or Sea Service) shows 1 year, 
2 months, and 27 days.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows award of the Purple Heart, the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, and the Republic of Korea Presidential Unit Citation.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "MTR FRAG PELVIC AREA LEGS."

4.  The applicant provided a memorandum from L Company, 3rd Battalion, 2nd Infantry Regiment, 5th Infantry Division, dated 27 October 1952, that shows he qualified for the Expert Marksmanship Qualification Badge (M-1).

5.  The applicant's records contain information from the Hospital Admission Cards created by the Office of The Surgeon General of the Army.  This record showed the applicant was hospitalized for combat wounds received in Korea on 8 May 1953.

6.  The applicant's records contain a clinical record of his preoperative diagnosis dated 8 May 1953.  This record showed an operation was performed on his abdomen and legs. 

7.  The applicant's records contain information from the 343rd General Hospital, Physical Therapy Department, dated 3 June 1953.  This record showed the applicant was receiving treatment for wounds by mortar fragments to his abdomen and legs.





8.  On 3 July 1954, the applicant was honorably separated from the military.

9.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart 1st Oak Leaf Cluster.  His name is listed on the Korean Casualty Roster for receiving wounds on 8 May 1953.

10.  There are no orders in the applicant's service personnel records awarding him the Army Good Conduct Medal 1st Award.

11.  Army Regulation 600-8-22 (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 required treatment, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.  

12.  Army Regulation 600-65 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army 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 less than "excellent" will not be disqualifying.

13.  Army Regulation 600-8-22 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.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart 1st Oak Leaf Cluster.  The Hospital Admission Cards created by the Office of The Surgeon General of the Army and medical documents show he was hospitalized for combat wounds received in Korea on 8 May 1953.  Although it is possible the applicant may have been wounded twice on the same day, there is insufficient evidence in his records that show this occurred.

2.  In the absence of military records which show the applicant was wounded twice on the same day as his initial injuries, there is insufficient basis for award of an additional Purple Heart in this case.

3.  In the absence of military records, there is an insufficient basis for award of the Army Good Conduct Medal 1st Award in this case.

4.  The applicant was awarded the Expert Marksmanship Qualification Badge 
(M-1) and met the eligibility criteria for award of the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be amended to add these 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 amending his DD Form 214 to add award of the Expert Marksmanship Qualification Badge (M-1) 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 award of the Army Good Conduct Medal 1st Award and two awards of the Purple Heart.



							XXX
       _    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080001469





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ABCMR Record of Proceedings (cont)                                         AR20080001469



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