IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080004663 


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, in effect, award of the Purple Heart for wounds received during the Korean War.

2.  The applicant states that he never received the Purple Heart for the wounds he sustained in action. 

3.  The applicant provides copies of a Western Union Telegram from the Army to his family date stamped 17 June 1953, his Honorable Discharge Certificates for October 1953 and April 1955, and his Report of Separation from the Armed Forces of the United States (DD Form 214), effective 15 April 1955.

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant’s DD Form 214 for his first period of service is not available for review.  However, an analysis of the data on his DD Form 214 effective 15 April 1955, shows that he entered the Army on or about 23 January 1951.  He reenlisted on 16 October 1953 and served until his discharge on 15 April 1955.

4.  The United States Army Surgeon General’s Office Hospitalization File Listing for 1950-1953, shows that the applicant was assigned to the 7th Infantry Regiment in the Korean Theater of Operations when he was wounded in action on 14 June 1953.  

5.  On 17 June 1953, The Adjutant General, United States Army, sent a Western Union Telegram to the family of the applicant informing them that he had been wounded in action in Korea on 14 June 1953.  The applicant had sustained a flesh wound of the upper right arm from artillery fire.

6.  Army Regulation 600-8-22 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.
 
7.  Army Regulation 600-8-22 as amended 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
 
8.  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.
9.  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.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the date the applicant was wounded in action, he participated at a minimum in the Third Korean Winter Campaign. This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II and the Korean Conflict.  This publication shows that during the period of the applicant’s assignment the 7th Infantry Regiment was cited in Department of the Army General Orders (DAGO) Number 2, dated 1956, for award of the Bravery Gold Medal of Greece; and in DAGO Number 29, dated 1954, for the Republic of Korea Presidential Unit Citation.  

12.  Army Regulation 600-8-22 (Military Awards) 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. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant sustained wounds as a result of enemy action, and that these wounds received medical treatment.  Therefore, he should be awarded the Purple Heart.

2.  The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal.   Therefore, his records should be corrected to show this award.

3.  The applicant served in the Republic of Korea during a qualifying period for award of the United Nations Service Medal.  Therefore, his records should be corrected to show this award.
4.  The applicant served on active duty during a qualifying period of time for award of the Korea Service Medal.   Therefore, his records should be corrected to show this award.

5.  Records show that the applicant participated in at least one campaign during his service in the Republic of Korea.  Therefore, he is eligible for award of a bronze service star to be affixed to his Korean Service Medal.

6.  The applicant served during a qualifying period for award of the Republic of Korea Presidential Unit Citation, Bravery Gold Medal of Greece, and the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show these foreign unit awards.

BOARD VOTE:

___X____  ___X ___  ___X ___  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 in action on 
14 June 1953; and










	b.  showing on his DD Form 214, effective 15 April 1955, that  his authorized awards include the Purple Heart, National Defense Service Medal, Korean Service Medal with one bronze service star, Republic of Korea Presidential Unit Citation, Bravery Gold Medal of Greece, and the Republic of Korea War Service Medal.




__________ _X    _______   ___
       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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080004663



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