IN THE CASE OF:	  

		BOARD DATE:	       18 August 2008

		DOCKET NUMBER:  AR20080008620 


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, correction of his record to show award of the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Korea Defense Service Medal.

2.  The applicant states, in effect, that he was wounded while he was stationed in Korea when a 105 Howitzer Artillery Cannon explosion caused his hearing loss and the ringing in his ears. 

3.  The applicant did not provide any additional documentary evidence in support of the application.

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 service record shows that he was inducted in the Army of the United States on 28 February 1963.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 631.1168 (Wheel Vehicle Mechanic).  The applicant was honorably released from active duty on 26 February 1965 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  The applicant's DD Form 214 also shows he completed a total of 1 year, 11 months, and 29 days of creditable Federal military service with no time lost and the highest rank he attained on active duty was in the rank of private first class/pay grade E-3.  

3.  The applicant's record shows he served in Korea while assigned to C Battery, 1st Battalion of the 21 Artillery during the period 23 July 1963 through 8 August 1964.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, or the Korea Defense Service Medal.  There are no orders in the applicant's service personnel record which show award of the Purple Heart.

5.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 contains the entry "None."  

6.  Section 8 (Wounds Received through Enemy Action) of the applicant's DA Form 24 does not show he was wounded.

7.  The applicant's name is not listed on the Korean War Casualty File.

8.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

9.  Headquarters, 1st Cavalry Division Special Orders Number 147, dated 26 May 1964, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.  

10.  Headquarters, 5th Howitzer Battalion of the 27th Artillery, Fort Lewis, Washington Special Orders Number 128, dated 15 September 1964, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.

12.  Army Regulation 600-8-22, in pertinent part, sets forth the criteria 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.  Each bar will be attached to the basic badge which indicates the qualification last attained with the respective weapon.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

13.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 

	(2)  all air spaces above the land and water area.

The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in 
operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart due to injuries sustained during his service in Korea, the Sharpshooter Marksmanship Qualification Badge, the Expert Marksmanship Qualification Badge, and the Korea Defense Service Medal.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  

3.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Korean War Casualty File.  In the absence of evidence which shows that the applicant was wounded or injured as a result of hostile action and treated for these wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  The applicant's personnel records show he was awarded the Sharpshooter Marksmanship Qualification Badge for qualifying with the M-14 Rifle on 6 May 1964, and the Expert Marksmanship Qualification Badge for qualifying with the M-14 Rifle on 14 September 1964, which are not shown on his DD Form 214.  However, by regulation, each component qualification bar (i.e. Rifle) will be attached to the basic marksmanship badge which indicates the qualification last attained with the respective weapon.  The applicant last qualified with the same weapon (M-14) as an Expert. Therefore, he is entitled to have his DD Form 214 corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.

5.  Records show the applicant served a qualifying period of service in Korea during the period 9 August 1963 through 8 August 1964 for award of the Korea Defense Service Medal.  Therefore, the applicant is entitled to have his records corrected to show this foreign award.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



      __________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)                                         AR20080008620



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ABCMR Record of Proceedings (cont)                                         AR20080008620



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