RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 May 2008
	DOCKET NUMBER:  AR20080002330 


	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 late brother, a former service member (FSM), be awarded the Purple Heart.  

2.  The applicant states that the FSM was never awarded the Purple Heart for wounds received in action in Korea on 14 September 1950.  He further adds that the family is putting together a shadow box in the FSM’s memory. 

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

	a.  WD AGO Forms 0365 (Battle Casualty Report), dated 20 September 1950 and 19 October 1950.

	b.  WD AGO Form 52D (Medical Department, U.S. A), dated 14 September 1950.

	c.  Internet printout, dated 14 December 2006, Korean War Casualties 1950-1957.

	d.  National Personnel Records Center (NPRC), letter, dated 17 December 2007.

4.  On 28 April 2008, the applicant provided the following additional documentary evidence in support of his application:

	a.  Internet printout, dated 14 December 2006, U.S. Veterans Cemeteries, showing the FSM's date of death and place of burial.

	b.  Signature Verification sheet, dated 26 November 2007, showing the applicant's relationship to the FSM.

	c.  Applicant's Certificate of Birth, illegible date, Texas Department of Health, Bureau of Vital Statistics, Austin, Texas.

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 records show that he enlisted in the Regular Army for a period of 3 years on 5 October 1946.  He was trained in military occupational specialty (MOS) 0359 (Construction Machine Operator).  He was honorably discharged for the purpose of reenlistment, on 4 October 1949.  He subsequently executed a series of reenlistments in the Regular Army, to include two six-year reenlistments on 19 October 1949 and 19 October 1955, and a five-year reenlistment on 19 October 1961.  He was honorably discharged and placed on the retired list in the rank/grade of Master Sergeant (MSG)/E-7, on 31 October 1966. 

3.  The FSM's records show that he was issued several discharge and/or separation documents during his military service as follows:

	a.  WD 53 (Enlisted Record and Report of Separation Honorable Discharge), dated 4 October 1949, shows:

		1.  He completed 3 years of continental service and no foreign service;

		2.  Item 31 (Military Qualifications and Date) of this form shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1); and

		3.  Item 33 (Decorations and Citations) of this form shows he was awarded the World War II Victory Medal.

      b.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 18 October 1961, shows:

		1.  Item 26 (Foreign and Sea Service) shows that he completed 1 year, 4 months, and 29 days of overseas service;

		2.  Item 27 (Wounds Received as a Result of Action With Enemy Forces) shows a blank entry; and 

		3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine), the Good Conduct Medal (4th Award), one Certificate of Achievement, and two Letters of Commendation.  Item 27 does not show award of the Purple Heart.

	c.  DD Form 215 (Correction to the DD Form 214), dated 2 June 1966, made administrative corrections to the DD Form 214, dated 18 October 1961. 

	d.  DD Form 214, dated 31 October 1966, shows:

		1.  He completed 20 years and 12 days of active military service; 

		2.  Item 26 (Foreign and Sea Service) shows that he completed 2 years, 5 months, and 28 days of overseas service; and

		3.  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 (1st Oak Leaf Cluster) and the Good Conduct Medal (6th Award).  Item 27 does not show award of the Purple Heart. 

4.  Item 31 (Foreign Service) of the FSM’s DA Form 20 (Enlisted Qualification Record) shows he served in Korea, from 7 June 1950 to 11 May 1951; Germany, from 28 February 1953 to 16 February 1956; Korea, from 21 April 1953 to 21 May 1956; and France, from 19 July 1962 to 6 January 1965.  

5.  Item 41 (Awards and Decorations) of the FSM’s DA Form 20 shows he was awarded the Army of Occupation Medal, with Japan Clasp; the National Defense Service Medal (1st Oak Leaf Cluster); the United Nations Service Medal; the World War II Victory Medal; the Good Conduct Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (Carbine); and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1).  Item 41 does not show award of the Purple Heart. 

6.  The FSM’s WD AGO Form 0365, dated 20 September 1950, shows he was slightly wounded in action, in Korea, on 14 September 1950.  

7.  The FSM’s Form 52D shows that he was wounded in action on 14 September 1950, in Korea, when he suffered a gun shot wound to his left big toe, and that he was treated at the battalion aid station.
8.  The FSM's name appears on the Korean War Casualty Roster, a compilation of Soldiers wounded or killed during the Korean War.

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 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.

11.  Review of the FSM's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

12.  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.

13.  Item 39 (Campaigns) of the FSM’s DA Form 20 shows he was awarded campaign credit for the United Nations (UN) Defensive; the UN Offensive; the Chinese Communist Forces (CCF) Intervention; the First UN Counteroffensive; and the CCF Spring Offensive, campaigns of the Korean War. 

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the applicant participated in the UN Defensive; the UN Offensive; the CCF Intervention; the First UN Counteroffensive; and the CCF Spring Offensive campaigns during his service in Korea.  This same regulation states that a bronze service star will be awarded for wear on the Korea Service Medal for participation in each campaign.  A silver star is worn instead of five bronze service stars.

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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

16.  Army Regulation 600-8-22 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. 

17.  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.  For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the FSM sustained a gun shot wound to his left foot on 14 September 1950, in Korea, as a result of hostile action; he was treated at the battalion aid station; and his name appears on the Korea War Casualty Roster; therefore, there is sufficient evidence to award the FSM the Purple Heart and correct his records to show this award.

2.  The evidence of record shows that the FSM served a qualifying period for award of the Korean Service Medal.  Furthermore, the FSM participated in five campaigns during his service in Korea.  Therefore, based upon award of the Korean Service Medal, the FSM would have been entitled to award of the United Nations Service Medal and a silver service star to be affixed to the Korean Service Medal.  

3.  The evidence of record shows that the FSM served a qualifying period for award of the Republic of Korea War Service Medal; therefore, he is entitled to correction of his records to show this award.

4.  The FSM’s DA Form 20 shows the FSM was awarded the Army of Occupation Medal, with Japan Clasp.  This appears to be an error.  There is no evidence that the FSM served in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands, between 3 September 1945 and 27 April 1952.  Furthermore, he was not awarded the Asiatic-Pacific Campaign Medal prior to 3 September 1945.  Therefore, he is not entitled to award of the Army of Occupation Medal, with Japan Clasp.

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 the Former Service member the Purple Heart for wounds received in action in Korea on 14 September 1950; and

	b.  adding the Purple Heart, the Korean Service Medal with a silver service star, the United Nations Service Medal, and the Republic of Korea War Service Medal, to his DD Form 214, dated 31 October 1966.


							XXX
      	______________________
                		CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080002330



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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