IN THE CASE OF:	  

		BOARD DATE:	       12 November 2008

		DOCKET NUMBER:  AR20080014031 


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 that he sustained multiple shell fragment wounds on 4 September 1952 in Korea when an artillery shell landed next to his position.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 21 July 1953, and copies of his clinical records, dated 5 September 1952, 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 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.  The applicant's DD Form 214 shows that he entered active duty in San Francisco, California, on 28 September 1951, in the rank/grade of private (PVT)/E-1 and 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, 9 months, and 24 days of creditable military service, 4 months of which was foreign service.  He was honorably separated in the rank/grade of private first class (PFC) (Temporary) and transferred to the U.S. Army Reserve Control Group on 21 July 1953. 

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 Good Conduct Medal, the Korean Service Medal with one bronze service star, and the United Nations Service Medal.  Item 27 does not show award of the Purple Heart.

6.  Item 29 (Wounds Received As a Result of Action With Enemy Forces) of the applicant’s DD Form 214 shows the entry “Shrapnel wounds, Korea, 4 September 1952, Two compound fractures in left leg, Amputated index finger on left hand, chest and lung injuries.” 

7.  The applicant's medical records show he suffered penetrating wounds to his posterior chest wall, neck, left hand, and right and left leg, as a result of a missile attack near Chorwon, Korea, on 4 September 1952, while assigned to 
Company K, 38th Infantry Regiment.  He was initially admitted to a Mobile Army Surgical Unit (MASH) and was subsequently transferred to the 141st General Hospital, for further treatment and rehabilitation.  

8.  The applicant’s name is shown on the Korean Casualty File as seriously wounded in action by a missile, on 4 September 1952, in Korea and that he was medically evacuated on 30 September 1952.  



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) 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.

12.  Army Regulation 600-8-22 (Military Awards) as amended 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. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s medical records show that he suffered penetrating wounds to his posterior chest wall, neck, left hand, and right and left leg as a result of hostile action during a missile attack near Chorwon, Korea, on 4 September 1952, that he was treated by military personnel for his injury, and that his treatment was recorded in his military medical records.  Additionally, the applicant’s name is shown on the Korean Casualty File as seriously wounded in action by missile on 4 September 1952 and that he returned to duty on 15 June 1951.  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 the applicant held an infantry MOS and was assigned to Company K, 38th Infantry Regiment, in Korea, at the time of his wound/injury.  Therefore, there is sufficient evidence that he was directly and personally involved in ground combat and he is entitled to award of the Combat Infantryman Badge and 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 in his records; therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows that the applicant completed 1 year, 9 months, and 24 days of creditable military service, 4 months of which was foreign service. The applicant's injury on 4 September 1952 and his medical evacuation on 30 September 1952 suggest that he completed his 4 months of foreign service in Korea.  Therefore, he served a qualifying period for award of Republic of Korea War Service Medal and he 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 4 September 1952 in Korea;

	b.  awarding the applicant the Combat Infantryman Badge; and

	c.  showing award of the Purple Heart, the Combat Infantryman Badge, the National Defense Service Medal, and the Republic of Korea War Service Medal on his DD Form 214.




															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)                                         AR20080014031



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ABCMR Record of Proceedings (cont)                                         AR20080014031



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