IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012231 


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.

2.  The applicant essentially states that he was wounded in action on 23 March 1953 while serving in Korea.

3.  The applicant provides an altered copy of 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 applicant's military records show that he was inducted into the Army of the United States on 8 July 1952.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 1824 (Cook).  He departed the continental United States on 13 January 1953 and arrived in Yokohama, Japan on 27 January 1953.  He departed Yokohama, Japan on 
31 January 1953, and arrived in Korea on 3 February 1953 where he served in MOS 1745 (Infantryman) with Company I, 31st Infantry Regiment.  He was wounded in action on 23 March 1953, and he was ultimately reassigned to a hospital in Japan.  He returned to the continental United States on 1 June 1954.  On 5 June 1954, he was honorably released from active duty.  The DD Form 214 that he was issued at the time of his release from active duty shows he was awarded the National Defense Service Medal, the Korean Service Medal with One Bronze Service Star, the United Nations Service Medal, and the Combat Infantryman Badge.

3.  The applicant's DD Form 214 does not show he was awarded the Purple Heart.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this document also has an entry "None."  However, the applicant's military records contain a Battle Casualty Report which clearly shows he was wounded in action in Korea on 23 March 1953 when he sustained a flesh wound in the buttocks by grenade fire while engaging opposing forces.  Additionally, there is a corresponding entry on the Korean War Casualty Roster which confirms that the applicant was wounded in action on 23 March 1953.  Further, item 42 (Awards) of his DA Form 20 (Qualification Record – Enlisted Personnel) shows he was awarded the Purple Heart.

4.  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.  

5.  The applicant served 1 year, 10 months, and 24 days of enlisted active duty service from 8 July 1952 to 5 June 1954; however, his DD Form 214 does not show that he was awarded the Good Conduct Medal for this period of service.  Although the applicant was absent without leave (AWOL) for 4 days from 
2 January 1953 through 5 January 1953, there is no other derogatory information in the available records which could be a disqualifying factor in awarding the Good Conduct Medal to the applicant for this period of service.

6.  The applicant served more than 30 consecutive days in Korea beginning on 
3 February 1953.  However, his DD Form 214 does not show that he was awarded the Republic of Korea - Korean War Service Medal (ROK-KWSM).  The Department of Defense approved acceptance and wear of this award on 
20 August 1999.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists, in pertinent part, the unit awards given to units during the Korean War.  This document shows that at the time of the applicant’s assignment to the 31st Infantry Regiment, the regiment was cited for award of the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 22, dated 1956.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

9.  Army Regulation 600-8-22 also provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  The Government of the Republic of Korea issued the ROK-KWSM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.

2.  The evidence of record clearly shows that the applicant was awarded the Purple Heart for wounds received in action against the enemy on 23 March 1953. Therefore, it would be appropriate at this time to correct his military records to show the award of the Purple Heart.  Additionally, he is entitled to correction of item 29 of his DD Form 214 to show that he was wounded on 23 March 1953 in Korea.  
3.  The applicant served 1 year, 10 months, and 24 days of enlisted active duty service from 8 July 1952 to 5 June 1954, and although he was AWOL for 4 days from 2 January 1953 through 5 January 1953, there is no other derogatory information in the available records which could be a disqualifying factor in awarding the Good Conduct Medal to the applicant for this period of service.  He was also wounded in action while serving his country.  Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 
8 July 1952 to 5 June 1954, and to correct his military records to show the award of the Good Conduct Medal.

4.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the ROK-KWSM.  Therefore, he is entitled to award of the ROK-KWSM, and correction of his military records to show this award.

5.  General orders awarded the Republic of Korea Presidential Unit Citation to the 31st Infantry Regiment while the applicant was assigned to this regiment.  Therefore, he is entitled to award of the Republic of Korea Presidential Unit Citation, and correction of his military records to show this unit award.

BOARD VOTE:

___X_____  ___X_____  ___X_____  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, and correcting item 29 of his 
DD Form 214 to show that he was wounded in Korea on 23 March 1953;

	b.  awarding him the Good Conduct Medal for the period 8 July 1952 to 
5 June 1954 while serving as a sergeant; and

	c.  awarding him the ROK-KWSM and the Republic of Korea Presidential Unit Citation.  
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)                                         AR20080012231



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ABCMR Record of Proceedings (cont)                                         AR20080012231



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