IN THE CASE OF:	  

		BOARD DATE:	        21 AUGUST 2008

		DOCKET NUMBER:  AR20080009507 


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 his records be corrected to reflect his award of the Purple Heart and that he be awarded the Korea Defense Service Medal (KDSM), the United Nations Service Medal (UNSM), and the Parachutist Badge.  

2.  The applicant states that he was wounded in Korea and desires his award of the Purple Heart to be added to his DD Form 214 (Report of Separation from Active Duty).  He also states that he is entitled to awards of the KDSM, the UNSM, and the parachutist Badge.  He also states that he served in the pay grade of E-5 as a Green Beret while in Korea and received $100.00 for jump pay while at Fort Bragg.

3.  The applicant provides a statement explaining his application, a copy of his DD Form 214, a copy of item 35 (Record of Assignments) of his DA Form 2-1, a copy of an authorization for issuance of awards, a copy of his DD Form 215 (Correction to DD Form 214), a photocopy of a Purple Heart with his name engraved on it, the back page of a DA Form 873 (Security Clearance), and a copy of his civilian jump record. 

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 was born on 10 September 1953 and enlisted in Chicago, Illinois on 26 June 1975 for a period of 3 years, assignment to Korea, and training as an artillery surveyor.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training at Fort Sill, Oklahoma.

3.  He departed Fort Sill on 21 November 1975 and was transferred to Korea on 14 December 1975.  He was assigned to Headquarters and Headquarters Battery (HHB), 6th Battalion, 37th Field Artillery Regiment, 2nd Infantry Division at Camp Essayons in Uijongbu, South Korea for duty as an instrument operator.

4.  He was advanced to the pay grade of E-4 on 1 October 1976 and on 6 December 1976, he was transferred to Headquarters, United Nations Command/United States Forces – Korea (UNC/USFK) in Seoul, South Korea, where he remained until 23 February 1977, when he was transferred to Fort Bragg, North Carolina, for assignment to HHB, 1st Battalion, 39th Field Artillery Regiment, for duty as an artillery surveyor.

5.  He arrived at Fort Bragg on 24 March 1977 and on 31 March 1977 he was admitted to Womack Army Hospital with a diagnosis of acute psychosis.

6.  On 13 June 1977, a Physical Evaluation Board found the applicant unfit for duty and recommended that he be placed on the Temporary Disability Retired List (TDRL) with a 30% disability rating for schizophrenia.

7.  On 13 July 1977, he was honorably released from active duty (REFRAD) and was placed on the TDRL.  He had served 2 years and 17 days of total active service.  On 31 January 1981, he was removed from the TDRL and was permanently retired by reason of physical disability with a 30% disability rating.

8.  In a previous application to this Board, the Board corrected his records to show that he was awarded the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with hand grenade bar and the Marksman Marksmanship Qualification Badge with rifle bar.

9.  A review of the applicant’s records fails to show that the applicant was ever awarded the Purple Heart or that he was ever entitled to award of the Purple Heart.  Additionally, there is no evidence to show that he ever attended military airborne/parachute training or was ever awarded the Parachutist Badge.  There is also no evidence in his records to show that he was ever assigned to an airborne position or that he was ever paid hazardous duty pay (parachute pay), which at the time was an additional $55.00 per month for enlisted personnel.

10.  A review of his records also show that the applicant has previously requested awards of the Combat Infantryman Badge, the Combat Action Badge, a Combat Engineer Badge, a combat patch, a Belgium Fourragere, and completion of airborne training at Fort Bragg to be added to his records.  His previous requests were denied due to lack of evidence.     

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 an 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 also 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.

13.  Army Regulation 600-8-22 further 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.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

15.  The Stolen Valor Act of 2005, signed into law by President George W. Bush on 20 December 2006, is a United States (U.S.) law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, sale or claim (either written or verbal) of any military decorations and medals.  It is a Federal misdemeanor offense, which carries a punishment of imprisonment for not more than 1 year and/or a fine.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Purple Heart and he desires it to be entered on his records has been noted; however, he has failed to show through the evidence of record and the evidence submitted with his application that he was in fact awarded the Purple Heart.  The fact that he has a Purple Heart Medal is not sufficient evidence to establish that he was in fact awarded the Purple Heart, especially since there are no orders in his records or any evidence to show that he was wounded in action against the enemy or that 
the treatment was made a matter of record.  Therefore, in the absence of such evidence, there appears to be no basis to add the award of the Purple Heart to his records.

2.  The applicant’s contention that he is entitled to award of the UNSM has been noted and found to lack merit.  The last date of eligibility for award of the UNSM was 27 July 1954 and the applicant would have been approximately 9 months of age at that time.  Accordingly, he is not entitled to that award.   

3.  The applicant’s contention that he is entitled to be awarded “Jump Wings,” also known as the parachutist badge has been noted and found to lack merit.  The Army Parachutist Badge is awarded to Soldiers who complete the requisite military training courses and are awarded the Parachutist Badge in properly authenticated special orders.  There is no evidence to show that the applicant ever attended such training and the possibility that he received jump pay while at Fort Bragg does not seem feasible, since he was admitted to the hospital at Fort Bragg within a week of his arrival and was subsequently placed on the TDRL.  Accordingly, there appears to be no basis to award him the Parachutist Badge.

4.  However, the evidence of record shows that he is entitled to be awarded the KDSM for his service in Korea from December 1975 to February 1977.  Accordingly, it would be in the interest of justice to do so at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 him 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 adding the award of the Purple Heart to his records and awarding him the UNSM and the Parachutist Badge.



      ___        XXX                ___
                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)                                         AR20080009507



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ABCMR Record of Proceedings (cont)                                         AR20080009507



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