IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080005007 


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 military records to show he was awarded two Purple Hearts. 

2.  The applicant states, in effect, that he was awarded his first award of the Purple Heart for wounds he received on 2 September 1950.  He was wounded again on 21 November 1950 after a truck overturned on him during hostile action. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 31 July 1968; and Headquarters, 8th Station Hospital General Orders Number 6, dated 3 October 1950.

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 had prior enlisted service.  He was appointed as a Reserve Commissioned Officer of the U.S. Army on 4 November 1949 and entered active duty that date.

3.  The applicant arrived in Korea and was assigned to C Company, 7th Cavalry Regiment, 1st Cavalry Division on or about 7 May 1950.

4.  Headquarters, 8th Station Hospital General Orders Number 6, dated 
3 October 1950, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 2 September 1950. The applicant returned to duty on 12 October 1950.

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 shows the applicant was admitted on 22 November 1950 and hospitalized for "Fracture, simple, not elsewhere classified, with no nerve artery involvement."  The record shows that he was evacuated to the United States and that the cause was "Motor vehicle traffic accidents: To occupant of truck or bus:  Involving overturning in roadway (without antecedent collision)."

6.  There is no indication in the hospital admission cards that show the applicant was hospitalized or treated for wounds or injuries as a result of hostile action.

7.  The applicant departed Korea on or about 12 December 1950 after being credited with participating in three campaigns.

8.  The applicant retired on 31 July 1968 after completing 20 years and 5 months of creditable active service. 

9.  The applicant's DD Form 214 for the period ending 31 July 1986 shows he was awarded Army of Occupation Medal (Germany), the Army Commendation Medal, the Combat Infantryman Badge, the National Defense Service Medal 1st Oak Leaf Cluster, the Legion of Merit, the Purple Heart, and the Armed Forces Reserve Medal.

10.  There are no orders in the applicant's records that show he was awarded the Purple Heart 1st Oak Leaf Cluster.  The applicant's name is listed on the Korean Casualty Roster for receiving wounds on 2 September 1950.  Item 21 (Awards 
and Decorations) of his DA Form 66 (Officer Qualification Record) does not show award of two Purple Hearts.  However, it shows that the applicant was additionally awarded the Army of Occupation Medal (Japan).

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 by medical personnel, 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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea.  This document shows that, at the time of the applicant’s assignment to 7th Cavalry Regiment, 1st Cavalry Division, it was awarded the Republic of Korea Presidential Unit Citation for the period 16 August 1950 through 
26 September 1950 based on Headquarters, Department of the Army General Orders Number 35, dated 1951.

13.  Department of the Army Pamphlet 672-1 shows that, at the time of the applicant’s assignment to 7th Cavalry Regiment, 1st Cavalry Division, it was awarded the Bravery Gold Medal of Greece during the period of the war based on Headquarters, Department of the Army General Orders Number 2, dated 1956.

14.  Army Regulation 600-8-22 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 or within the territorial limits of Korea or in waters immediately adjacent thereto or with a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea. 

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 (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. 

17.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Table B-1 of this regulation shows during 1950 through 1951 there were seven battle campaigns.

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 show he was involved in a overturned vehicle accident on 22 November 
1950 and was treated for his injuries after returning to duty from a previous combat wound.  There is no evidence that shows his injuries were a result of hostile action. 

2.  In the absence of military records which show the applicant was wounded or injured or treated for wounds or injuries as a result of hostile action, there is insufficient basis for award of additional Purple Heart in this case.

3.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Korea Presidential Unit Citation and the Bravery Gold Medal of Greece.  He was also awarded the Army of Occupation Medal with Japan Clasp.  His DD Form 214 should be amended to add these awards.

4.  The applicant met the eligibility criteria for award of the Korean Service Medal, the United Nations Service Medal, and the Republic of Korea War Service Medal. The applicant's participation in three campaigns makes him eligible to wear three bronze service stars on his Korean Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.
5.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx __    ___xxx_     ___xxx__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add award of the Republic of Korea Presidential Unit Citation, the Bravery Gold Medal of Greece, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Army of Occupation Medal with Japan Clasp to his DD Form 214 with the period ending 31 July 1968.



                     Xxxx_____       
      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)                                         AR20080005007



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ABCMR Record of Proceedings (cont)                                         AR20080005007



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