IN THE CASE OF:	 

		BOARD DATE:	18 September 2008  

		DOCKET NUMBER:  AR20080004892 


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 request, in effect, that the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 

2.  The applicant states, in effect, that he was wounded in action on 29 September 1950 while serving in Korea.  He was hospitalized for close to one year from his injury.  

3.  The applicant provides a copy of his DD Form 214, a copy of excerpts from his service medical records, and a copy of a printout from the National Personnel Records listing him as wounded in action in support of his request.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.  His DD Form 214 shows that he entered active duty on 28 April 1950.  He was trained in military occupational specialty (MOS), 4345, as a Light Truck Driver.  He completed 1 year, 3 months, and 10 days of foreign service.  He was promoted to the rank of private first class (PFC) on 23 April 1953.  He served until he was honorably discharged on 22 May 1953.  

3.  The applicant's DD Form 214 shows he was awarded the Combat Infantryman Badge; the Army of Occupation Medal, with Japan Clasp; and the Korean Service Medal.  His DD Form 214 does not show any additional awards.

4.  Item 29 (Wounds Received as a Result of Action With Enemy Forces), of his DD Form 214, shows the entry "NONE." 

5.  The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which show that the applicant received a battle injury on 29 September 1950, while serving in Korea.  He was diagnosed as having a wound, penetrating, missile with no nerve artery involvement and avulsion to his thigh which was caused by a bullet from a small arms rifle.  His injury was a direct result of action against or by an organized enemy.  He was hospitalized for about 80 to 89 days.  At the time of his injury, the applicant was assigned to Company D, 7th Cavalry Regiment, 1st Cavalry Division.

6.  The applicant’s name does appear on the Korean War Casualty File for a wound received on 29 September 1950, during his service in Korea. 

7.  The applicant provide a copy of a printout from the National Archives and Records Administration which shows that he was seriously wounded in action by a missile on 29 September 1950 while serving in Korea.

8.  The applicant provided a copy of Standard Form 88 (Report of Medical Examination), dated 25 April 1955, which shows that the applicant had a scar on the right side of his buttocks and thigh which were incurred under combat conditions in Korea in 1950.

9.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 


10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign 
Participation Credit Register), dated 6 July 1961, shows that the applicant 
was assigned to a unit which was awarded the Republic of Korea Presidential 
Unit Citation, by Department of the Army General Orders Number 35, dated 1951.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, 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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action as a result of enemy action on 29 September 1960 while serving in Korea.  He was diagnosed as receiving a wound, penetrating, missile with no nerve or artery involvement and avulsion to his thigh.  His injury was a direct result of action against or by an organized enemy; therefore, this evidence is sufficient to warrant relief and correct his records to show the award of the Purple Heart.    

2.  The applicant was assigned to a unit, Company D, 7th Cavalry Regiment,   1st Cavalry Division, at the time it was awarded the Republic of Korea Presidential Unit Citation, by the government of Korea.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214. 

4.  The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

5.  Based on award of the Korean Service Medal, the applicant is entitled to be awarded the United Nations Service Medal.  Therefore, he is entitled to this award and correction of his records to show this award.

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 showing that he was awarded the Purple Heart; the Republic of Korea Presidential Unit Citation; the Republic of Korea War Service Medal; the National Defense Service Medal; and the United Nations 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)                                         AR20080004892



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ABCMR Record of Proceedings (cont)                                         AR20080004892



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