IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080012692 


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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was never issued the PH that he was awarded late on 3 June 1986, for being wounded in action while serving in Korea on 30 July 1952.  He indicates that the absence of this award diminishes the level of service he receives by the Department of Veterans Affairs (VA) Hospital.

3.  The applicant provides a PH certificate in support of his 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 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 his 
records were lost or destroyed in that fire.  This case is being considered using a reconstructed record that primarily consists of the applicant's separation document (DD Form 214) and a Hospital Admission Record for 1950, prepared by the Office of the Surgeon General (OTSG).  

3.  The applicant's separation document shows that after having prior inactive service, the applicant entered the Army of the United States on 19 October 1951. He continuously served until he was honorably discharged, in the rank of sergeant (SGT), on 13 July 1953 and transferred to the U.S. Army Reserve (USAR) to complete his remaining military service obligation.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 13 July 1953 
DD Form 214 shows he earned the Korean Service Medal with 2 bronze service stars, United Nations Service Medal, and the Combat Infantryman Badge.  The PH was not included in the list of awards contained in Item 26.  

5.  An OTSG Hospital Admission Record contained in the applicant's NPRC file shows he was admitted to a medical treatment facility in Korea on 30 July 1952, and that he was treated for a shoulder wound that was caused by an explosive projectile shell from a gun or mortar, as a direct result of enemy action.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a 
DA Form 1577 (Authorization for Issuance of Awards) which shows that the Army Reserve Personnel Center, Assistant Adjutant General, requested the applicant be awarded and issued the PH on 24 April 1986.

7.  The applicant's NPRC file is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM)  

8.  The applicant provides a PH Certificate, dated 3 June 1986, which shows he was awarded the PH for being wounded in action in Korea on 30 July 1952.  

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None.”

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by a medical officer, and this treatment must have been made a matter of official record.  

11.  Paragraph 2-10 contains of the awards regulation contains guidance on the award of the National Defense Service Medal (NDSM) and states, in pertinent part, that the NDSM 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.  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.  

13.  Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (ROKWSM).  It states, in pertinent part, that it is authorized to members who served in Korea for 30 consecutive or 
60 non-consecutive days between 25 June 1950 and 27 July 1953. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH has been carefully considered and found to have merit.  The evidence confirms that the applicant was wounded in action in Korea on 30 July 1952, as evidenced by the OTSG Hospital Admission Record on file.  Further, the applicant’s claim that he was previously awarded the PH is corroborated by the DD Form 1577 on file, and the PH Certificate he provides.  As a result, it would be appropriate to correct the applicant's DD Form 214 accordingly, and to issue him the PH Medal Set at this time.

2.  Item 29 of the applicant’s DD Form 214 contains the entry “None.”  However, based on his entitlement to the PH, it would be appropriate to correct this entry to reflect “Korea, 30 July 1952.”


3.  Evidence shows the applicant honorably served for 1 year and 9 months, and attained the rank of SGT.  Lacking any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM, it is concluded the applicant completed a period of qualifying honorable service that entitles him to receive the first award of the AGCM.  

4.  The evidence also shows that based on the applicant’s active duty service and service in Korea, he is entitled to the NDSM and ROKWSM, which also should be added to his record at this time.   

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.  awarding him the Purple Heart for wounds received as a result of hostile action on 30 July 1952;

	b.  awarding him the Army Good Conduct Medal, for his qualifying period of active duty service from 19 October 1951 through 13 July 1953; 

	c.  showing his entitlement to the National Defense Service Medal and Republic of Korea War Service Medal; 

	d.  amending the applicant’s 13 July 1953 DD Form 214 by adding the National Defense Service Medal, Purple Heart, Army Good Conduct Medal, and the Republic of Korea War Service Medal to Item 27;

	e.  and deleting the entry in Item 29 and replacing it with the entry "Korea, 
30 July 1952"; and 

	f.  providing the applicant a correction to his separation document that reflects 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)                                         AR20080012692



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012692



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1