IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080010098


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 that his DD Form 214 be corrected to show he was awarded 6 Purple Hearts.

2.  The applicant makes no statement.

3.  The applicant provides a photostatic copy of a photograph appearing in The Sun daily newspaper for San Bernardino County, CA on Saturday, 9 June 1951.  It shows a US Navy doctor (Captain, Medical Corps) awarding the applicant "a gold star in lieu of a sixth citation for the Purple Heart.  This photograph was made at the US Naval Hospital, Yokosuka, Japan.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was inducted into the Army of the US on 26 April 1944 and assigned to the Corps of Military Police.  He served in the Asiatic-Pacific Theater of Operations from 8 November 1944 through 22 March 1946, participating in two campaigns – Luzon and New Guinea.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation -  Honorable Discharge) shows he was awarded the Bronze Star Medal, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon with 1 bronze service star, and the World War II Victory Medal.  He was honorably discharged on 30 April 1946.


2.  The applicant was a member of the Enlisted Reserve Corps (ERC) from 1 May 1946 through 13 April 1947.  On 14 April 1947, he enlisted in the Regular Army and served until 13 April 1950.  His DD Form 214 (Report of Separation From The Armed Forces of The United States) for the period shows he was awarded the Army Commendation Medal.  He reenlisted on 14 April 1950.

3.  The applicant's DD Form 214 for the period 14 April 1950 through 13 April 1956 is not available.  However, his DA Form 24 (Service Record) shows:

	a.  In Section 8 (Wounds Received Through Enemy Action), that he was wounded in Korea on 14 August 1950, 30 November 1950, and 18 March 1951.

	b.  In Section 9 (Medals, Decorations, and Citations), that he was awarded two Purple Hearts, the Korean Service Medal with 3 bronze service stars, the Republic of Korea Presidential Unit Citation, the Bronze Star Medal, the UN Service Medal, the American Defense Service Medal, the Philippine Presidential Unit Citation, the National Defense Service Medal, and the Good Conduct Medal (4th Award).

	c.  Although not reflected on his DD Form 214, the records show the Bronze Star Medal was awarded to the applicant for valor in the vicinity of Kunu-ri, Korea on 30 November 1950.

4.  The applicant's records contain WD AGO Forms 0707 (Record of Award of Purple Heart).  The first WD AGO Form 0707 cites General Orders Number 1, 2nd Medical Battalion, Korea, dated 8 January 1951, awarding the Purple Heart for wounds received on 29 and 30 November 1950.  The second WD AGO Form 0707 cites General Orders Number 9, Headquarters, 9th Infantry Regiment, Korea, dated 22 April 1951, awarding the Purple Heart for wounds received on 14 August 1950.  By amendment, this award is shown as "First Bronze Oak Leaf Cluster."

5.  The applicant's records contain a WD AGO Form 0365 (Battle Casualty Report), date stamped 1 April 1951, showing he was wounded in Korea on 18 March 1951.

6.  The applicant's records contain a DD Form 214 for the period 14 April 1956 to 13 April 1962, showing award of the American Defense Service Medal, Philippine Presidential Unit Citation, National Defense Service Medal, the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (Cal .38).

7.  The applicant's retirement DD Form 214, for the period 14 April 1962 to 30 April 1965, shows he was awarded 2 letters of appreciation and the 4th award of the Good Conduct Medal.  The applicant demonstrated outstanding conduct, efficiency, and duty performance throughout his more than 20 years of active Federal service.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

	a.  The Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

	b.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The Good Conduct Medal (GCMDL) 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.  During the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

	e.  The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	f.  The Asiatic-Pacific (APTO) Campaign Medal is awarded for World War II service in the Asiatic-Pacific Theater of Operations (APTO) between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

	g.  The World War II Victory Medal (WWII Victory Medal) is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	h.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, between 2 August 1990 and 30 November 1995, and between 11 September 2001 and a closing date to be determined.  Multiple awards are authorized and denoted by bronze oak leaf clusters.

	i.  The Philippine Liberation Ribbon is awarded for specific conditions of service in the liberation of the Philippines from 17 October 1944 to 3 September 1945.

	j.  The Korean Service Medal is awarded for qualifying service in the Korean War theater of operations between 27 June 1950 and 27 July 1954.

	k.  The United Nations Service Medal is awarded for service 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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	l.  The Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) is awarded to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, 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.

	m.  The Meritorious Unit Commendation (MUC) was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations  The applicant's Korean War unit – the 51st Military Police Criminal Investigation Detachment – was awarded the MUC.

	n.  The Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.

	o.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders.

9.  AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The current regulation requires listing awards and decorations for all periods of service in the order of precedence priority sequence.  Letters of commendation are no longer included on DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show he was awarded 6 Purple Hearts.

2.  The applicant's records support the award of 3 Purple Hearts for wounds sustained on 14 August 1950, 30 November 1950, and 18 March 1951.  Other wounds cannot be verified based on the available records.

3. The applicant's records show he was awarded 4 Good Conduct Medals.  Based upon his outstanding record of exemplary service, and in accordance with AR 600-8-22, he should have received 7 awards of the Good Conduct Medal as follows:

	a.  The first award was for his World War II service from 26 April 1944 to 30 April 1946.

	b.  The second award should have been for the period 14 April 1947 through 13 April 1950.

	c.  The third award should have been for the period 14 April 1950 through 13 April 1953.

	d.  The fourth award should have been for the period 14 April 1953 through 13 April 1956.

	e.  The fifth award should have been for the period 14 April 1956 through 13 April 1959.

	f.  The sixth award should have been for the period 14 April 1959 through 13 April 1962.

	g.  The seventh award should have been for the period 14 April 1962 through 13 April 1965.  He retired on 30 April 1965.

4. Reviewing all of the applicant's records from 1944 through 1965, and including two wars, it can be seen that he was awarded numerous awards and service medals, but on his retirement DD Form 214 only his Good Conduct Medal (Fourth Award) is listed.  His final DD Form 214 should reflect:

	a.  The Bronze Star Medal with "V" Device and Oak Leaf Cluster.

	b.   The Purple Heart with Second Oak Leaf Cluster.

	c.  The Army Commendation Medal.

	d.  The Good Conduct Medal (7th Award).

	e.  The American Defense Service Medal.  This service medal does not appear to be authorized as the applicant was not on active duty between 8 September 1939 and 7 December 1941, the period of service for which it was issued; however, it is shown as authorized in his records.

	f.  The Asiatic-Pacific Campaign Medal with two bronze service stars.

	g.  The World War II Victory Medal.

	h.  The National Defense Service Medal with bronze service star for his service between 27 June 1950 and 27 July 1954 and between 1 January 1961 and 14 August 1974.

	i.  The Philippine Liberation Ribbon with bronze service star.

	j.  The Korean Service Medal with three bronze service stars.

	k.  The United Nations Service Medal.

	l.  The Republic of Korea War Service Medal.

	m.  The Meritorious Unit Citation, Philippine Republic Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  __X_____  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.  Awarding the applicant the Republic of Korea War Service Medal.

 	b.  Deleting the Good Conduct Medal (4th award) from his DD Form 214 issued on 30 April 1965.

	c.  Adding the Bronze Star Medal with "V" Device and Oak Leaf Cluster, Purple Heart with Second Oak Leaf Cluster, Army Commendation Medal, Good Conduct Medal (7th Award), American Defense Service Medal, Asiatic-Pacific Campaign Medal with two bronze service stars, World War II Victory Medal, National Defense Service Medal with bronze service star, Philippine Liberation Ribbon with bronze service star, Korean Service Medal with three bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, Meritorious Unit Citation, Philippine Republic Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

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 six awards of the Purple Heart.



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      _______ _   _______   ___
       	   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)                                         AR20080010098



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ABCMR Record of Proceedings (cont)                                         AR20080010098



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