IN THE CASE OF:	  

		BOARD DATE:	        9 September 2008

		DOCKET NUMBER:  AR20080009439 


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 item 10 (Date of Birth) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he was born in January not June; that item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show award of the Good Conduct Medal, the National Defense Service Medal, the Republic of Korea War Service Medal (ROKWSM), and four awards of the Purple Heart (correctly known as the Purple Heart with Third Oak Leaf Cluster); and that item 28 (Most Significant Duty Assignment) be corrected to show Company C, 8th Engineer Combat Battalion, 8th Regiment, 1st Cavalry.

2.  The applicant states that his date of birth is wrong, the medals that he was issued are not listed on his DD Form 214, his significant duty assignment is wrong, and his combat wounds are not listed on his DD Form 214.  He contends that the information was entered in error or not entered at all in some cases.  He states that a 6 December 2006 letter from the National Personnel Records Center in St. Louis, Missouri shows he is entitled to the Good Conduct Medal and the National Defense Service Medal.  He contends that his most significant duty assignment was the 8th Engineer Combat Battalion, 8th Regiment, 1st Cavalry.  He further states that he has service connected combat wounds (hearing loss, tinnitus, right forearm wound, and left chin wound).  

3.  The applicant provides a copy of his DD Form 214; a copy of his Armed Forces of the United States identification card; a notification of birth registration; a letter, dated 6 December 2007, from the National Personnel Records Center in St. Louis, Missouri which shows, in pertinent part, that he is entitled to the Good Conduct Medal; special orders, dated 15 May 1952; a Medical Clearance Certificate; a Certificate of Retention and Customs Declaration; a photograph of three Soldiers; and Department of Veterans Affairs (DVA) Rating Decisions, dated 19 November 2007 and 17 March 2008. 

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 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.  

3.  The applicant enlisted on 19 February 1951.  He served in Korea and was honorably discharged on 19 November 1952.

4.  The applicant’s Armed Forces of the United States identification card, issued on 14 November 1952, shows that he was born on 4 January 1932.

5.  Item 10 on the applicant's DD Form 214 shows he was born on 4 June 1932.  His DD Form 214 shows the Korean Service Medal with one bronze service star and the United Nations Service Medal as authorized awards.  The applicant's DD Form 214 shows that his most significant duty assignment was the 120th Engineer Combat Battalion.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, "None.”

6.  There are no orders for the Good Conduct Medal in the available records.  

7.  There is no evidence in the available record which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.

8.  The applicant’s name does not appear on the Korean Casualty Roster.  

9.  In support of his claim for four awards of the Purple Heart, the applicant provided DVA Rating Decisions which show that service connection was granted for bilateral hearing loss (20 percent), tinnitus (10 percent), a right forearm scar (0 percent), and left chin (0 percent).  

10.  There is no evidence of record which shows the applicant was assigned to Company C, 8th Engineer Combat Battalion, 8th Regiment, 1st Cavalry during his assignment in Korea.

11.  In support of his claim to amend item 28 on his DD Form 214, the applicant provided orders, dated 15 May 1952, which show he was transferred from Company C, 120th Engineer Combat Battalion to the 369th Replacement Company for processing

12.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 
27 August 1940, for first award only, 1 year served entirely during the period 
7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less that 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service and there must have been no convictions by court-martial.

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  Army Regulation 600-8-22 states that the 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. 

15.  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 personnel, and the medical treatment must have been made a matter of official record.  The regulation states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

16.  Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  The regulation specifically stated the last unit, or similar element, to which assigned for duty rather than the element of which an individual was a part while moving to a separation point would be entered in item 28.  

17.  Special Regulation 135-175-5 (Civilian Components – Separation of Officers), dated 19 December 1949, prescribed the policies and procedures for completing the DA Form 214 for officer personnel.  In pertinent part, it stated the entry representing the duty which required the greatest demonstration of the officer’s training and experience would be entered in item 28.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant’s Armed Forces of the United States identification card which shows he was born on 4 January 1932 is accepted as sufficient evidence on which to amend item 10 on his DD Form 214.

2.  Although the 6 December 2006 letter from the National Personnel Records Center shows the applicant is entitled to the Good Conduct Medal, there are no orders for the Good Conduct Medal in the available records.  Since the applicant’s service personnel records are not available, there is insufficient evidence on which to base award of the Good Conduct Medal in this case.

3.  The applicant served a period of qualifying service for the National Defense Service Medal and the ROKWSM.

4.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Korea.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the DVA Rating Decisions provided by the applicant are not sufficient as a basis for any award of the Purple Heart.  Therefore, there is insufficient evidence on which to base any award of the Purple Heart in this case.  

5.  There is no evidence of record which shows the applicant was assigned to Company C, 8th Engineer Combat Battalion, 8th Regiment, 1st Cavalry during his assignment in Korea.  In addition, although item 28 is entitled “Most Significant Duty Assignment,” this item was used for both officers and enlisted personnel, and officers and enlisted personnel had different criteria for determining what information would be entered in this item.  The instructions for officers were to enter the duty which required the greatest demonstration of the officer’s training and experience, i.e., the most significant duty assignment.  The instructions for enlisted were to enter the last unit, or similar element, to which assigned for duty.  The correct entry appears to have been entered on the applicant’s DD Form 214.  Regrettably, there is no basis for granting the applicant's request to amend item 28 on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  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:

	a.  deleting the entry in item 10 on his DD Form 214;

	b.  adding the entry, “4 Jan 32” in item 10 on his DD Form 214; and
	c.  adding the National Defense Service Medal and the ROKWSM to his DD Form 214.

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 Good Conduct 
Medal, any award of the Purple Heart, or amendment to item 28 on his DD Form 214.  


      _______ _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)                                         AR20080009439



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ABCMR Record of Proceedings (cont)                                         AR20080009439



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