IN THE CASE OF:	  

		BOARD DATE:	  20 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013496 


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 Purple Heart.

2.  The applicant states he was wounded in Korea on 8 June 1951.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 30 November 1951, in support of his request.

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 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.

3.  With prior service in the Enlisted Reserve Corps (ERC), the applicant's DD Form 214 shows he was called to and entered active duty at Fort Hood, Texas, on 24 September 1950, in the rank/grade of corporal (CPL)/Grade 4 and that he was trained in military occupational specialty (MOS) 1745 (Light Weapons Infantryman). 

4.  The applicant’s DD Form 214 further shows that he completed 1 year, 2 months, and 7 days of creditable military service during this period of call to active duty, 11 months and 25 days of which was foreign service.  His most significant assignment was with Company E, 31st Infantry.  He was honorably separated in the rank/grade of sergeant first class (SFC)/Grade 6 (Temporary) and transferred to the ERC on 30 November 1951. 

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge (26 March 1951) and the Korean Service Medal with three bronze service stars.  Item 27 does not show award of the Purple Heart.

6.  The applicant’s DD Form 214, Item 29 (Wounds Received As a Result of Action With Enemy Forces) shows the entry “None.” 

7.  A Hospital Admission Card created by the Office of the Surgeon General (OTSG) shows the applicant suffered an abrasion to his shoulder as a result of an enemy bullet and/or small arms fire on 8 June 1951 in Korea and that he was treated at an Army medical treatment facility.

8.  The applicant’s name is shown on the Korean Casualty File as wounded in action by small arms fire on 8 June 1951 in Korea.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 further states that there is no time limit on submission of requests for award of the Purple Heart.

10.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In Pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was 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.

12.  Army Regulation 600-8-22 provides 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

13.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s information from the hospital admission card created by the OTSG shows that he suffered a shoulder injury as a result of an enemy bullet and/or small arms fire on 8 June 1951 in Korea and that he was treated at an Army medical treatment facility.  Additionally, the applicant’s name is shown on the Korean Casualty File as wounded in action by small arms fire on 8 June 1951 in Korea.  Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and correction of his records to show this award.  

2.  The evidence of record shows that the applicant served in Korea during the Korean conflict and was awarded the Korean Service Medal with three bronze service stars; therefore, he served a qualifying period for award of the United Nations Medal and is entitled to correction of his records to show this award.

3.  The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows that the applicant served honorably from 24 September 1950 to 30 November 1951.  He attained the rank of SFC, served in Korea, and was wounded in combat.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows that the applicant completed 11 months and 25 days of foreign service.  As he was awarded the Combat Infantryman Badge on 26 March 1951, was wounded on 8 June 1951, and participated in three campaigns during his service in Korea, it is reasonable to presume he completed most, if not all, of his foreign service in Korea and has therefore served a qualifying period for award of Republic of Korea War Service Medal and is entitled to correction of his records to show this 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.  awarding the applicant the Purple Heart for wounds received in action on 8 June 1951 in Korea;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 September 1950 to 30 November 1951; and 

	c.  showing award of the Purple Heart, the Good Conduct Medal (1st Award), the United Nations Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal.




      _______ _   __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)                                         AR20080013496



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ABCMR Record of Proceedings (cont)                                         AR20080013496



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