IN THE CASE OF:	

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080009957 


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, his third award of the Purple Heart (PH) or the Purple Heart with two Oak Leaf Clusters. 

2.  The applicant states, in effect, that his record is in error.  His clinical record clearly states that he was wounded and treated on three separate occasions.

3.  The applicant provides a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214) and a copy of his Abstract of Clinical 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’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.

3.  The applicant's separation document shows that he was inducted into the Army of the United States on 1 February 1952.  It further shows that he completed 7 months, and 14 days of overseas service in Korea, and Item 
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the Combat Infantryman Badge, the Purple Heart (1st Oak Leaf Cluster), the Korean Service Medal with 
1 Bronze Service Star and the United Nations Service Medal. 

4.  The applicant's DD Form 214 shows that on 30 September 1953, he was honorably retired by reason of Permanent Disability in the rank of Private First Class (PFC) after completing a total of 1 year, 7 months and 14 days of active military service.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry " Flesh Wound-Buttocks 17 October 52 Korea."

5.  The applicant's NPRC file contains an U.S. Army Hospital Fort Knox, Kentucky (Abstract of Clinical Record) Register NO 280070 which shows the applicant’s medical history.  The document shows that the applicant received wounds on three separate occasions while in Korea.  The first wound appeared on 21 August 1952 from an enemy mine.  He sustained a wound to the right arm which was minor in nature and he was sent back to duty.  On 17 October 1952, the applicant received superficial wounds to the right buttocks by the enemy machine gun bullets.  The wound was treated and he again was sent back to duty.  On 14 January 1953, the applicant sustained a gunshot wound of the right shoulder and left thigh by the enemy small arms fire.  The applicant also sustained frost bites of the right hand; it is unclear when he sustained the injury.  On 18 January 1953, the applicant was taken to the 343rd General Hospital in Korea where he was examined.  The examination revealed a wound for the right shoulder, a through and through, clean wound of the left thigh.  The right hand was covered with large blebs containing clear fluid. The applicant was treated conservatively; however, the applicant was diagnosed with dry gangrene.  On 
22 February 1953, the applicant’s 5th, 4th, 3rd fingers were amputated.  A line of duty investigation was conducted all injuries/ wounds including the frostbite was determined to be in the line of duty.  On 20 August 1953, a Physical Evaluation Board convened and on 24 August 1953, the board found the applicant physically unfit for duty.  There are no orders in the applicant’s military service records showing that he was awarded the Purple Heart (2nd Oak Leaf Cluster).

6.  A review of the Office of The Adjutant General’s, Korean War Casualty Roster, shows the applicant's name is listed once as having been wounded in action on 13 January 1953.

7.  A review of the applicant's military service records reveals that he may be entitled to additional awards which are not shown on his DD Form 214.  

8.  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.  

9.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote a second and each succeeding award of certain decorations, among which is the Purple Heart.

10.  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.

11.  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.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists, in pertinent part, the unit awards received by units serving in the Korean War.  This document shows that at the time of his assignment to the 32nd Infantry Regiment, the unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period
30 September 1950 to 27 July 1953 by Department of the Army, General Orders Number 22 (1956).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH with 2nd Oak Leaf Cluster 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 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.  

2.  The evidence of record in this case confirms the applicant was wounded in action in Korea on three separate occasions, on 21 August 1952, on 17 October 1952, on 14 January 1953.  Thus, records support the applicant’s claim to a third award of the Purple Heart.  Therefore, in view of the foregoing, Item 27 of the applicant’s DD Form 214 should be corrected to show award of the Purple Heart with 2nd Oak Leaf Cluster, accordingly add to the entry "Wounded in Action, Korea, on 21 August 1952, 17 October 1952 and on 14 January 1953" 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.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 1 February 1952 through 
30 September 1953, and to add this award to his separation document at this time.

4.  The applicant's records show he served a qualifying period for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his records to show award of the National Defense Service Medal.

5.  General Orders awarded the applicant the Republic of Korea Presidential Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

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.  deleting from Item 27 of his DD Form 214 the “Purple Heart with First Oak Leaf Cluster;” and

		b.  amending Item 29 of his DD Form 214 by deleting the current entry "Flesh Wound – Buttocks 17 October 52 Korea"  and replacing it with the entry "Wounded in Action, Korea, 21 August 52, 17 October 52 and 13 January 52"; and 
      c.  awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 1 February 1952 through 30 September 1953;
	
     		d.  adding to Item 27 of his DD Form 214 the Purple Heart Second Oak Leaf Cluster, the Good Conduct Medal, the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, the and by 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)                                         AR20080009957



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ABCMR Record of Proceedings (cont)                                         AR20080009957



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