IN THE CASE OF:	  

		BOARD DATE:	  16 September 2008

		DOCKET NUMBER:  AR20080008743 


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 (PH).   

2.  The applicant states, in effect, he was never awarded the PH for the wounds he received in Korea on 29 November 1950.

3.  The applicant provides Newspaper Articles and a Korean War Casualty File from the National Archives and Records Administration in support of his 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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the DD Form 214 (Report of Separation from the Armed Forces of the United States) provided by the applicant and documents remaining in the NPRC file.

3.  The applicant's separation document shows that he enlisted in the Regular Army and entered active duty on 22 November 1949.  It further shows that he completed 1 year, 2 months, and 26 days of overseas service in Korea, and Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Korean Service Medal with 5 bronze service stars, United Nations Service Medal, Army of Occupation Medal with Japan Clasp, Republic of Korea Presidential Unit Citation, and Combat Infantryman Badge.

4.  The applicant's DD Form 214 shows that on 21 November 1953, he was honorably discharged in the rank of corporal (CPL) after completing a total of 4 years of active military service.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None."

5.  The applicant's NPRC file contains an Office of The Surgeon General (OTSG) Hospital Admission Record that shows the applicant was admitted to a medical treatment facility in Korea on 29 November 1950 and treated for a penetrating missile wound he received as a result of enemy action.  An NPRC letter on file, dated 21 March 2005, verifies the applicant's entitlement to the Army Good Conduct Medal (AGCM) in addition to the other awards already listed on his DD Form 214, and it contains a Korea Casualty File that confirms the applicant was wounded in action in the North Korea Sector of Korea on 29 November 1950.  The file is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that each approved award of the PH must exhibit all of the following factors:  wound, injury or death must have been the result of enemy or hostile act or international terrorist attack; the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records.

7.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

8.  Paragraph 9-16 of the awards regulation provides guidance on the Republic of Korea-Korean War Service Medal (ROK-KWSM).  It states, in pertinent part, that it is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days, between 25 June 1950 and 27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered and found to have merit.  By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action.

2.  The evidence of record in this case confirms the applicant was wounded in action in Korea on 29 November 1950, as evidenced by the OTSG Hospital Admission Record and Korea Casualty File in the NPRC file.  Therefore, it would be appropriate to award the applicant the PH accordingly and to add the entry "Wounded in Action, Korea, 29 November 1950" to Item 29 of his DD Form 214.

3.  The NPRC file is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM and contains a NPRC letter confirming his entitlement to the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 22 November 1949 through 21 November 1952, and to add this award to his separation document at this time.

4.  The evidence also confirms that based on his service in Korea, he is entitled to the ROK-KWSM, which should also be added to his record and separation document at this time.


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 being wounded in action in Korea on 29 November 1950;

	b.  awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 22 November 1949 through 21 November 1952;

	c.  amending Item 29 of his DD Form 214 by adding the Purple Heart, Army Good Conduct Medal, and Republic of Korea War Service Medal;

	d.  amending Item 29 of his DD Form 214 by deleting the current "None" entry and replacing it with the entry "Wounded in Action, Korea, 29 November 1950"; and 

	e.  providing him a correction to his separation document that includes these changes.



      ___________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)                                         AR20080008743



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ABCMR Record of Proceedings (cont)                                         AR20080008743



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