IN THE CASE OF:	  

		BOARD DATE:	        18 DECEMBER 2008

		DOCKET NUMBER:  AR20080014240 


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 he be awarded the Purple Heart. 

2.  The applicant essentially states that he was wounded while serving in the Korean War when he received a gunshot wound to his upper left leg, and feels that his DD Form 214 (Report of Separation from the Armed Forces of the United States) should be corrected to show that he received the Purple Heart.

3.  The applicant provides his DD Form 214 and an unsigned letter, dated 
12 August 2008, from a veteran’s organization service officer 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 a World War II veteran who was subsequently inducted into the Army of the United States on 21 September 1950.  They also show that he served in military occupational specialty 4745 (Light Weapons Infantryman).  He departed the continental United States on 
6 March 1951 and arrived in Japan on 21 March 1951.  He departed Japan on 
24 March 1951 and arrived in Korea on 26 March 1951, where he served with Company B, 23rd Infantry Regiment.  He returned to the continental United States on 18 June 1951, and was reassigned to the Medical Holding Detachment, United States Army Hospital, Camp Carson, Colorado.  On 
31 December 1952, he was retired due to permanent physical disability.  The 
DD Form 214 that was issued to him at the time of his retirement shows that he was awarded the Combat Infantryman Badge.

3.  The applicant's DD Form 214 does not show he was awarded the Purple Heart.  However, item 29 (Wounds Received as a Result of Action with Enemy Forces) of this document shows that he received a gunshot wound to his left leg on 2 June 1951.  There is also a corresponding entry on the Korean War Casualty Roster which confirms that the applicant was wounded in action on 
2 June 1951.

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 on active duty from 21 September 1950 to 31 December 1952; however, his DD Form 214 does not show that he was awarded the National Defense Service Medal.

6.  The applicant served in Korea from 26 March 1951 to 14 June 1951; however, his DD Form 214 does not show that he was awarded the Korean Service Medal. Additionally, during the applicant’s service in Korea, he participated in the First UN Counteroffensive campaign and the CCF Spring Counteroffensive campaign. 

7.  The applicant served in Korea from 26 March 1951 to 14 June 1951; 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.

8.  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 23rd Infantry Regiment, the regiment was cited for award of the Distinguished Unit Citation by Department of the Army General Orders Number 72, dated 1951, and the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 10, dated 1954.  The Distinguished Unit Citation was subsequently re-designated as the Presidential Unit Citation.

9.  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.  Additionally, this regulation provides that:

   a.  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.  

   b.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  

   c.  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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	d.  a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation.   

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 he should be awarded the Purple Heart.

2.  The evidence of record clearly shows that the applicant was wounded in action on 2 June 1951.  Therefore, it would be appropriate at this time to formally award him the Purple Heart and correct his military records to show the award of the Purple Heart.

3.  The applicant served on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show the award of the National Defense Service Medal.

4.  The applicant served in Korea from 26 March 1951 to 14 June 1951 and participated in two campaigns during his service in Korea.  Therefore, he is entitled to award of the Korean Service Medal with two bronze service stars and correction of his military records to show the award of the Korean Service Medal with two bronze service stars.

5.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  Therefore the applicant’s military record should be corrected to show this award.

6.  The applicant served in Korea for more than 30 consecutive days 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 the award of the ROK-KWSM.

7.  General orders awarded the Distinguished Unit Citation and the Republic of Korea Presidential Unit Citation to the 23rd Infantry Regiment while the applicant was assigned to this regiment, and the Distinguished Unit Citation is now named the Presidential Unit Citation.  Therefore, he is entitled to award of the Presidential Unit Citation and the Republic of Korea Presidential Unit Citation, and correction of his military records to show these unit awards.








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.  awarding him the Purple Heart for wounds received in action against the enemy in Korea on 2 June 1951 while serving as a private first class; and
   
   b.  adding the Purple Heart, the National Defense Service Medal, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the ROK-KWSM, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation to the individual’s separation document.  
	
2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Korean War.  




      _______ _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)                                         AR20080014240



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ABCMR Record of Proceedings (cont)                                         AR20080014240



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