IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080015161 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his award of the Purple Heart.

2.  The applicant states that he was wounded in Korea on 4 November 1950 and was awarded the Purple Heart and received the orders after he left the service.  However, he has since lost the orders. 

3.  The applicant provides a copy of his DD Form 214 for the period ending 
20 August 1951 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 he enlisted in the Regular Army and entered active duty in Honolulu, Hawaii, on 19 August 1947 in the rank/grade of private and that he was trained in military occupational specialty (MOS) 3729 (Pioneer). 

4.  The applicant’s DD Form 214 further shows that he completed 4 years and 2 days of creditable military service during this period of active duty of which 
3 years, 2 months, and 29 days was foreign service.  His most significant assignment was with Headquarters and Headquarters Company, 2nd Battalion, 5th Infantry.  He was honorably separated in the rank/grade of sergeant (Temporary) on 20 August 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 Korea Occupation Medal (sic), the Good Conduct Medal, the Combat Infantryman Badge, and the Korean Service Medal with three bronze service stars.  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 “Kunu-Ri Korea 4 Nov 50" indicating that he was wounded as a result of enemy action in Korea on 4 November 1950.

7.  The applicant’s name is shown on the Korean Casualty File as wounded in action on 4 November 1950 in Korea and that he was treated and returned to duty.

8.  Army Regulation 600-8-22 (Military Awards) establishes Department of the Army policy, criteria, and procedures concerning individual military decorations, Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It 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 by medical personnel, and the medical treatment must have been made a matter of official record.
9.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 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.

11.  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. 

12.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1954.  The service prescribed must have been performed as follows:

   (1)  while on permanent assignment;

   (2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

   (3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows that he was wounded in action on 4 November 1950 in Korea.  Additionally, the applicant’s name is shown on the Korean Casualty File as wounded in action on 4 November 1950 in Korea and that he was treated and returned to duty.  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.  As such, he served a qualifying period for award of the United Nations Service Medal.  Therefore, he 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 completed 3 years, 2 months, and 29 days of foreign service.  As he was wounded in Korea on 4 November 1950 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 adding award of the Purple Heart, the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal to his DD Form 214, with an ending date of 20 August 1951.



      ______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)                                         AR20080015161



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015161



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1