IN THE CASE OF:	  

		BOARD DATE:	        28 AUGUST 2008

		DOCKET NUMBER:  AR20080009583 


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 military records be corrected to show the award of the Purple Heart with First Oak Leaf Cluster and any other awards or decorations that he is entitled to. 

2.  The applicant essentially states that it was his understanding that if you were wounded more than once you would receive an oak leaf cluster to affix to your award of the Purple Heart.

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of this 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  This case is primarily being considered using the DD Form 214 provided by the applicant.

3.  The applicant's DD Form 214 shows that he enlisted in the Regular Army on 
8 August 1950.  It also essentially shows that he had 1 year and 29 days of foreign and/or sea service, and that he participated in three campaigns in Korea during the Korean War.  On 8 August 1953, he was honorably released from active duty.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Purple Heart, the Korean Service Medal with Three Bronze Service Stars, the United Nations Service Medal, and the Combat Infantryman Badge.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 only shows that he credited with one award of the Purple Heart.  However, item 29 (Wounds Received as a Result of Action with Enemy Forces) of this document clearly shows that the applicant was wounded in action on 20 May 1951 and again on 1 October 1951.  These entries are corroborated by corresponding entries for the applicant on the Korean War Casualty Roster.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant served on active duty from 8 August 1950 to 8 August 1953; however, his DD Form 214 does not show that he was awarded the National Defense Service Medal.

7.  The applicant was awarded the Korea Service Medal with Three Bronze Service Stars, and his DD Form 214 shows that he had 1 year and 29 days of foreign and/or sea service.  Therefore, it is reasonable to presume that he served more than 30 consecutive days in Korea during the Korean War.  However, his DD Form 214 does not show that he was awarded the Republic of Korea – Korean War Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) 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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; 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.  This regulation also states that a Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.

9.  Army Regulation 600-8-22 also 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.

10.  Army Regulation 600-8-22 further provides, in pertinent part, that the Department of Defense approved acceptance and wear of the Republic of 
Korea - Korean War Service Medal.  To qualify for this award, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart with First Oak Leaf Cluster and any other awards or decorations that he is entitled to. 

2.  The evidence of record clearly shows that the applicant was wounded in action on two separate occasions; therefore, it would be appropriate at this time to correct his military records to show the award of the Purple Heart with First Oak Leaf Cluster.

3.  The applicant served on active duty during a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show this award.

4.  The applicant was awarded the Korea Service Medal with Three Bronze Service Stars, and his DD Form 214 shows that he had 1 year and 29 days of foreign and/or sea service.  Therefore, it is reasonable to presume that he served more than 30 consecutive days in Korea during the Korean War.  As a result, it would be appropriate at this time to award him the Republic of Korea – Korean War Service Medal, and to correct his military records to show this award.  

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Purple Heart with First Oak Leaf Cluster; and

	b.  awarding him the National Defense Service Medal and the Republic of Korea – Korean War Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      ___        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)                                         AR20080009583



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ABCMR Record of Proceedings (cont)                                         AR20080009583



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