IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080010990 


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 award of the Combat Infantryman Badge, three bronze service stars for his Korean Service Medal, and the Army of Occupation Medal with Japan Clasp.

2.  The applicant states, in effect, he landed in Pusan, Korea with the 2nd Infantry Division.  He was wounded on 21 September 1950 and he was sent to Japan to recover.  He returned to his unit and he was wounded a second time.  He states he left Korea with frozen feet and was assigned to a hospital in Japan, and then he was assigned to Camp Mower in Sasebo, Japan for about a year.  He further states he was assigned military occupational specialty (MOS) 4745 (Light Weapons Infantryman) while in Korea and the prefix 8 (Instructor) was added to his MOS because he was training troops at Indiantown Gap, Pennsylvania.

3.  The applicant provides, in support of his application, copies of his 
DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 3 September 1952, his enlistment contract for enlistment in the U.S. Navy, one page from a 2nd Infantry Division Korean War Casualty List with codes, and portions of three newspaper articles.



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 complete military personnel record documenting his service in the U.S. Army is not available.

3.  The applicant's available military personnel record shows he enlisted in the Regular Army on 7 July 1949 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the MOS 4745.

4.  The applicant's dates of service in Korea, units to which he was assigned, and the dates he was assigned thereto are not available.

5.  On 3 September 1952, the applicant was released from active duty.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Purple Heart and he is authorized the Korean Service Medal and the United Nations Service Medal.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "21 Sept 50 Korea" indicating the applicant was wounded on 21 September 1950 in Korea.

7.  On 9 July 1953, the applicant enlisted in the U.S. Navy and served until his discharge on 25 June 1957.

8.  A letter, dated 2 November 1954, from the Chief of Naval Personnel forwarded to the applicant's commanding officer the award of the Purple Heart for wounds the applicant received on 21 September 1950 while serving in Korea as a member of the U.S. Army.

9.  The National Archives Korean War Casualty File lists the applicant has having been "seriously wounded in action by missile" on 16 September 1950 in South Korea.

10.  The 2nd Infantry Division Korean War Casualty List, submitted by the applicant, lists him as having been "seriously wounded in action by missile" on 
16 September 1950 and returned to duty.  His unit is listed as the 2nd Infantry Division.

11.  The National Archives Korean War Casualty File also lists the applicant as having been "seriously wounded in action by missile" on 27 November 1950 in the North Korea Sector.  

12.  The 2nd Infantry Division Korean War Casualty List, submitted by the applicant, also lists him as having been "seriously wounded in action by missile" on 27 November 1950 and returned to duty.  His unit is listed as the 38th Infantry Regiment, 2nd Infantry Division.

13.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape.  These files show the applicant was admitted on 27 November 1950 after having been wounded as a direct result of action against or by an organized enemy.

14.  Two of the partial newspaper articles submitted by the applicant reported that he was wounded in Korea on 21 September and 27 November 1950.  The third partial newspaper article submitted by the applicant reported has his feet badly frozen.

15.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War.  This document shows that the 38th Infantry Regiment received the Republic of Korea Presidential Unit Citation for the period 19 September 1950 to 26 October 1953, based on Department of the Army General Order Number 10, dated 1954.

17.  Department of the Army Pamphlet 672-1 does not show that the 
38th Infantry Regiment received occupation credit for Japan.

18.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

19.  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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period during the periods from 27 July 1950 through 27 July 1954, from 1 January 1961 through 14 August 1974, from 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.

21.  Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Korean Service Medal.   
22.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal was approved by the Assistant Secretary of Defense (Force Management Policy) for acceptance and wear by veterans of the Korean War.  To qualify for award of the Republic of Korea War Service Medal, 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 he is entitled to the Combat Infantryman Badge, three bronze service stars for his Korean Service Medal, and the Army of Occupation Medal with Japan Clasp.

2.  The applicant was awarded an infantry MOS.  There is sufficient evidence to show he was assigned to the 38th Infantry Regiment.  The fact that he was seriously wounded in action twice is sufficient to show he was engaged in active ground combat with the enemy.  Therefore, there is sufficient evidence to award the applicant the Combat Infantryman Badge. 

3.  The entry in Item 29 of the applicant's DD Form 214, the forwarding letter from the Chief of Naval Personnel, the National Archives Korean War Casualty File listing for 16 September 1950, and the 2nd Infantry Division Korean War Casualty List listing showing 16 September 1950 as date of casualty are determined to be reporting the same incident.  Therefore, the applicant was entitled to the award of the Purple Heart as indicated on his DD Form 214.

4.  The National Archives Korean War Casualty File showing 27 November 1950 as the date of casualty, the 2nd Infantry Division Korean War Casualty List listing showing 27 November 1950 as date of casualty, and the SGO Listing showing date of casualty as 27 November 1950 are sufficient evidence to show the applicant was wounded by hostile action a second time.  Therefore, he is entitled to award of the Purple Heart with First Oak Leaf Cluster.  It is also appropriate to amend Item 29 of his DD Form 214 to include the entry "27 November 1950 Korea."

5.  Other than the unit the applicant was assigned to when he was wounded, the units the applicant was assigned to and the dates he was assigned thereto are not available.  There is no record of the 38th Infantry Regiment being given occupation credit for Japan.  Therefore, there is insufficient evidence to authorize the applicant the award of the Army of Occupation Medal with Japan Clasp.

6.  Records show the applicant served honorably during the period 27 July 1950 through 27 July 1954.  Therefore, the applicant is entitled to the National Defense Service Medal.

7.  Because the exact dates of the applicant's service in Korea are unavailable, there is insufficient evidence to determine the exact number of campaigns he participated in.  However, he would have had to have participated in at least one campaign.  Therefore, although there is insufficient information to determine the exact number of bronze service stars the applicant is authorized, it would be appropriate to authorize one bronze service star for his Korean Service Medal.

8.  The evidence shows the applicant was assigned to the 38th Infantry Regiment when he was wounded the second time.  He was assigned to this unit during the period the unit was awarded the Republic of Korea Presidential Unit Citation, therefore he is authorized this award.

9.  The applicant's service in the Republic of Korea during the period 25 June 1950 and 27 July 1953 indicates he is authorized the Republic of Korea War Service Medal.

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 awarding the applicant the Purple Heart with First Oak Leaf Cluster for wounds received on 27 November 1950 in the Republic of Korea and the Combat Infantryman Badge.

2.  The Board further recommends that the individual’s DD Form 214 be corrected by:

	a.  amending Item 27 to show the award of the Purple Heart with First Oak Leaf Cluster, Combat Infantryman Badge, National Defense Service Medal, one bronze service star to be worn on the Korean Service Medal, the Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal; and

	b.  amending Item 29 to include the entry "27 November 1950 Korea."

3.  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 bronze service stars in excess of one and the Army of Occupation Medal with Japan Clasp.  




      _______ _  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)                                         AR20080010990



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ABCMR Record of Proceedings (cont)                                         AR20080010990



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