IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080005958 


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, that the records of her deceased spouse, a former service member (FSM), be corrected to show award of the Purple Heart.

2.  The applicant states that the FSM was issued and received the Purple Heart, but the award is not recorded on the FSM’s discharge document.

3.  The applicant provides a copy of West Virginia, Department of Health and Human Resources, Bureau for Public Health - Vital Registration, Physicians/ Medical Examiner’s Certificate of Death, Charleston, West Virginia, State File Number 017###, filed 16 November 2007.

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 military service records show that he enlisted and entered active duty in the Regular Army (RA) on 6 June 1950.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 4745 (Light Weapons Infantryman).  The FSM was promoted to the rank of private first class (PFC), effective 10 February 1950.

3.  The FSM’s military service records contain a War Department, Adjutant General Office (WD AGO) Form 24A (Service Record) covering the period
6 June 1950 to 31 January 1952.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period) shows, in pertinent part, the FSM was assigned to Company E, 8th Cavalry Regiment (Korea) on 10 November 1950.  This document also shows that the FSM was medically evacuated from Korea and assigned to Medical Holding Detachment, Tokyo Army Hospital (Japan) from 4 February 1951 to 28 February 1951.  Section 7 (Combat Record) shows the FSM participated in the Chinese Communist Forces (CCF) Intervention and First United Nations (UN) Counteroffensive campaigns.  Section 8 (Wounds Received Through Enemy Action) shows the FSM was lightly wounded in action when he sustained a gunshot wound to his left arm on 4 February 1951.  Section 21 (Medals, Decorations, and Citations) shows he was awarded the Korean Service Medal with 2 (campaign) bronze service stars and Combat Infantryman Badge.  

4.  The FSM’s military service records contain a copy of Far East Command (FEC) AGO Form Number 241 (Casualty Report), Initial, prepared 11 February 1951.  This document shows the FSM was assigned to Company E, 8th Cavalry Regiment, 1st Cavalry Division in Korea and, in pertinent part, that he sustained a “wound, missile, perforating, left arm, ulnar nerve involved” when he was wounded in action at 1600 hours, 4 February 1951, 12 air miles outside of Suwon, Korea.

5.  The FSM’s military service records also contain a copy of FEC AGO Form Number 241 (Casualty Report), Supplemental, prepared 19 February 1951.  This document shows the FSM was assigned to Company E, 8th Cavalry Regiment in Korea and, in pertinent part, that he was wounded in action when he was hit by small arms fire in the left upper arm at Kumhangjangni, South Korea, at approximately 1700 hours on 4 February 1951.

6.  The FSM’s military service records contain a copy of WD AGO Form 8-118 (Medical Board Proceedings for Enlisted Member), dated 18 September 1951.  This document shows, in pertinent part, that the FSM sustained a gunshot wound with nerve and artery involvement with residual nerve damage when he was wounded in action by enemy rifle fire at 1600 hours, on 4 February 1951, near Suwon, Korea.  This document also shows the Board recommended that the proceedings be forwarded to the Physical Evaluation Board for action under the provisions of Service Regulation (SR) 600-450-1.

7.  The FSM’s military service records contain a DD Form 214 (Report of Separation From the Armed Forces of the United States), with an effective date of 31 January 1952.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Korean Service Medal with 2 (campaign) bronze service stars and Combat Infantryman Badge.  Item 28 (Most Significant Assignment) contains the entry “Co E 8th Cav Regt APO 201” and Item 27 (Wounds Received As A Result Of Action With Enemy Forces) contains the entry “4 Feb 51 – Suwon Korea.” This document also shows that the FSM entered active service on 6 June 1950 and that he was honorably retired due to permanent disability, effective
31 January 1952.  At the time, the FSM was credited with completing 1 year,
7 months, and 2 days total net service for pay purposes.

8.  A review of the U.S. Army, Surgeon General’s Office, Hospitalization File Listing for Korea (1950 - 1953), shows the FSM was wounded in action in Korea on 4 February 1951, as a direct result of action against or by an organized enemy, and that he was medically evacuated and hospitalized.

9.  The FSM’s military service records contain a copy of Headquarters, Department of the Army, The Adjutant General Office, Washington, District of Columbia, letter, dated 19 September 1952, subject:  Letter Orders - Purple Heart, that show the FSM was awarded the Purple Heart for wounds received in Korea on 4 February 1951.

10.  A review of the FSM's military service records reveals that he may be entitled to additional awards that are not shown on the FSM’s DD Form 214.

11.  The FSM’s military service records contain a DA Form 20 (Soldier’s Qualification Card).  Item 32 (Qualifications in Arms), in pertinent part, shows that the FSM qualified Marksman with the M-1 Rifle on 27 July 1950.

12.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

13.  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 and a date to be determined.

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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

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.  The Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Republic of Korea Korean War Service Medal.  To qualify for award of the Republic of Korea 
Korean War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), in pertinent part, lists the unit awards received by units serving in Korea.  This document shows that, at the time of the FSM's assignment to Company E, 8th Cavalry Regiment, the unit was cited for award of the Bravery Gold Medal of Greece by Headquarters, Department of the Army, General Orders Number 2 (1956).

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.
19.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  This Army regulation further states that substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

20.  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 a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM’s discharge document should be corrected to show award of the Purple Heart.

2.  The evidence of record confirms that the FSM was wounded in action when he was hit by small arms fire in the left arm at Kumhangjangni, South Korea, on
4 February 1951.  The evidence of record also shows that Letter Orders awarded the FSM the Purple Heart for wounds received in action in Korea on 4 February 1951.  Therefore, it would be appropriate to correct the FSM’s DD Form 214 to show award of the Purple Heart.

3.  Records show that the FSM served a qualifying period for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct the FSM’s DD Form 214 to show award of this service medal.

4.  The FSM's DD Form 214 shows award of the Korean Service Medal; however, it does not show award of the United Nations Service Medal.  The evidence of record shows that award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  Therefore, the FSM’s DD Form 214 should be corrected to show award this service medal.

5.  The evidence of record shows that the FSM served a qualifying period for award of the Republic of Korea - Korean War Service Medal.  Therefore, it would be appropriate to correct the FSM’s DD Form 214 to show this foreign award.
6.  General Orders awarded the FSM’s unit the Bravery Gold Medal of Greece Unit Citation.  Therefore, it would be appropriate to correct the FSM’s DD Form 214 to show this foreign unit award.

7.  Records show the FSM qualified marksman with the M-1 rifle.  Therefore, it would be appropriate to correct the FSM’s DD Form 214 to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

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 adding to Item 27 of the FSM’s DD Form 214 the Purple Heart, National Defense Service Medal, United Nations Service Medal, Republic of Korea – Korean War Service Medal, Bravery Gold Medal of Greece, and Marksman Marksmanship Qualification Badge with Rifle Bar.




       _    ___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)                                         AR20080005958



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ABCMR Record of Proceedings (cont)                                         AR20080005958



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