IN THE CASE OF:	

		BOARD DATE:	  	 17 March 2009

		DOCKET NUMBER:  AR20080015697 


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, reconsideration of his previous request and that his records be corrected by:

   a.  amending paragraph 3 of page 2 to show "right knee injury"; 
   
   b.  amending paragraph 4 of page 2 to address the three different sentences that he received;  

   c.  amending paragraph 5 of page 2 to show the "Korean Service Medal with one bronze service star" instead of "Korean Service Ribbon with one bronze service star"; and 

d.  awarding him the Good Conduct Medal.

2.  The applicant states, in effect, that paragraph 3 of page 2 of the previous Record of Proceedings incorrectly states, "shell fragment to the left thigh" but the injury was to his right knee.  He states that one of the source documents was incorrectly typed but all other documents correctly listed the injury as "right knee." He also states that paragraph 3 of page 2 reads "he was sentenced to a forfeiture of all pay and allowances, confinement at hard labor for 12 years."  The applicant wants, in effect, the previous Record of Proceedings corrected to show he received three different sentences.  Further, he requests that paragraph 5 of 

page 2 be corrected to show he received the Korean Service Medal with one bronze service star not the Korean Service Ribbon with one bronze service star.  He concludes, in effect, the Good Conduct Medal is missing from his previous Record of Proceedings.  

3.  The applicant provides a copy of Army Board for Correction of Military Records (ABMCR) Record of Proceedings AR20080005420, dated 19 June 2008, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080005420, on 19 June 2008.

2.  The applicant's records contain a copy of a DD Form 215 (Correction to DD Form 214), dated 8 November 1997, which shows he was awarded the Good Conduct Medal; therefore, this portion of his request will not be discussed any further in this Record of Proceedings.

3.  The applicant provides new arguments based on the contents of the previous Record of Proceedings which merit consideration by the Board.

4.  The applicant provided a copy of the previous Record of Proceedings in which he highlighted the following:

   a.  paragraph 3 of page 2 "shell fragment to left thigh";  

   b.  paragraph 4 of page 2 "he was sentenced to a forfeiture of all pay and allowances, confinement at hard labor for "12 years"; and 

   c.  paragraph 5 of page 2 "Korean Service Ribbon with one bronze service star."  

5.  Item 29 (Wounds Received As A Result of Action With Enemy Forces) of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 16 November 1954, shows he received a shrapnel wound to his right thigh on 6 September 1951 while in Korea.


6.  The applicant's record contains a copy of a typewritten medical document, dated 6 September 1951, which shows cause of admission, additional diagnoses, operations, change of status as "8255 wound, missile, shell fragment right thigh.”  A line is drawn through "thigh" and it appears that "knee" may be written above "thigh."  Additionally, this document shows “No artery or nerve involvement.  WIA 0700 hours 6 Sept 51, Korea.”

7.  The applicant's record also contains a copy of a handwritten medical document, dated 7 September 1951, which shows “cause of admission, additional diagnoses, operations, change of status as WIA 0700 hours 6 Sept 51, 8255 wound missile, superficial right knee."  “Debridement Rt Knee.”

8.  The applicant's record contains a copy of the findings of the United States Court of Military Appeals, Board of Review Number CM 352005, dated 23 July 1952, which shows the applicant was found guilty of violation of the Uniform Code of Military Justice, Article 90 (willfully disobeying an order from a superior officer) and Article 92 (failure to obey an order from a noncommissioned officer) and he was sentenced to a dishonorable discharge, total forfeiture, and confinement for 20 years by General Court-Martial Orders Number 59, dated 
22 February 1952.  The convening authority reduced the period of confinement to 15 years in General Court Martial Order Number 1193, dated 22 February 1952 and the Board of Review further reduced the period of confinement to 12 years on 29 May 1952.

9.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 16 November 1952, shows he was awarded the Distinguished Unit Citation, the Korean Service Ribbon with one bronze service star, the United Nations Service Medal, and the Purple Heart.  

10.  Item 27 of the applicant's DD Form 214, dated 16 November 1954, shows he was awarded the National Defense Service Medal.

11.  Page 4 of the applicant's previous ABCMR Record of Proceedings indicates his DD Form 214, dated 16 November 1954, was corrected to show award of the Distinguished Unit Citation, the Republic of Korea-Korean War Service Medal with one bronze service star, the Combat Infantryman Badge, the Korean Service Ribbon with one bronze service star, the United Nations Service Medal, and the Purple Heart.  


12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  This award was known as the Korean Service Medal (not the Korean Service Ribbon) as early as 12 December 1951.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his previous Record of Proceedings, dated 
16 June 2008, should be corrected to show an injury to the right knee, award of the Korean Service Medal, and the three different sentences that he received were carefully considered and found to have merit.  

2.  The preponderance of the evidence of record shows the applicant sustained a shrapnel wound to his right knee while in the Republic of Korea.  Therefore, he is entitled to have paragraph 3 of page 2 of his previous Record of Proceedings and his DD Form 214, dated 12 November 1952, corrected to read "SFW right knee, 6 Sep 51, Korea."

3.  Evidence of record shows the applicant’s original sentence was confinement at hard labor for 20 years and the convening authority reduced his sentence to
15 years confinement at hard labor and ultimately the Board of Review reduced his sentence to confinement at hard labor for 12 years.  It appears the previous Record of Proceedings did not intend to give a history of the applicant's court-martial and appellate proceedings but only to indicate his final sentence as approved by the highest appellate authority.  However, as a matter of equity paragraph 4 of page 2 of his previous Record of Proceedings should be corrected to show that his initial court-marital sentence was 20 years confinement at hard labor and that it was reduced to 15 years confinement, and ultimately his sentence to confinement was reduced to 12 years. 

4.  The applicant's DD Form 214, dated 12 November 1952, shows award of the Korean Service Ribbon with one bronze service star.  At the time the correct title of this award was the Korean Service Medal.  Therefore, he is entitled to have this DD Form 214 corrected to show award of the Korean Service Medal with one bronze service star and to have paragraph 5 of page 2 of his previous Record of Proceedings corrected to show this correction.

5.  Regarding the conclusions above concerning the errors in the previous Record of Proceedings, this current Record of Proceedings will serve as the corrected document.  


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.  using this current Record of Proceedings to serve as the document to correct paragraph 3 of page 2, paragraph 4 of page 2, and paragraph 5 of page  2 of ABCMR Docket Number AR20080005420, dated 19 June 2008.
   
   b.  deleting the entry, "SFW right thigh, 6 Sep 51, Korea" from his DD Form 214, dated 12 November 1952;
   
   c.  deleting the Korean Service Ribbon with one bronze service star from his DD Form 214, dated 12 November 1952;
   
   d.  adding the entry, "SFW right knee, 6 Sep 51, Korea" to his DD Form 214, dated 12 November 1952; 
   
   e.  adding the Korean Service Medal with one bronze service star to his       DD Form 214, dated 12 November 1952;
   
	f.  attaching this Record of Proceedings to his previous case, ABCMR Docket Number AR20080005420, dated 19 June 2008.




      _______ _   _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)                                         AR20080015697



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ABCMR Record of Proceedings (cont)                                         AR20080015697



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