IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080016692 


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, the son of a deceased former service member (FSM), requests that the FSM be awarded the Purple Heart. 

2.  The applicant essentially states that his father was shot in the Korean War but did not receive the Purple Heart.  He also states that his father has passed away, and that he would like to receive his father's Purple Heart for his mother.  He further states that his father stated that he never received the Purple Heart after being wounded in action.  

3.  The applicant provides the FSM's Certificate of Death, his Certificate of Live Birth, a letter, dated 15 September 2008, from the FSM's widow authorizing the applicant to act on her behalf to obtain correction of the FSM's military records with a copy of her Marriage License and Certificate of Marriage to the FSM in support of this application.  Although the applicant states that he provided the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) and documents from the Department of Veteran Affairs in support of this application, they were not among the documents received from the applicant. 

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 majority of the FSM's military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the FSM's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the FSM was a member of the Enlisted Reserve Corps who was called from inactive duty and entered active duty on 
17 September 1950.  He served 1 month and 22 days of foreign and/or sea service, and possessed military occupational specialty 4745 (Light Weapons Infantryman).  On 20 February 1952, he was honorably released from active duty.  The DD Form 214 that was issued to him shows that he was awarded the Korean Service Medal and the Combat Infantryman Badge.

4.  The FSM's DD Form 214 does not show that he was awarded the Purple Heart.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this document essentially shows that he sustained a gun-shot wound to his left leg on 3 December 1950.  There is also a corresponding entry on the Korean War Casualty Roster which shows that he was wounded in action on 3 December 1950 while serving with the 7th Infantry Regiment.  

5.  During a review of the FSM’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The FSM's DD Form 214 does not show that he was awarded the Good Conduct Medal.  The FSM's military records contained a letter, dated 9 July 2008, from the National Personnel Records Center to the applicant, which stated in part that the FSM was authorized the Good Conduct Medal.  There is also no derogatory information in the available records which could be a disqualifying factor in awarding the FSM the Good Conduct Medal for the period 
17 September 1950 to 20 February 1952.

7.  The FSM served on active duty from 17 September 1950 to 20 February 1952, but his DD Form 214 does not show that he was awarded the National Defense Service Medal.

8.  The FSM's DD Form 214 shows that he was awarded the Korean Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Although the FSM's exact dates of service in Korea could not be established, it could be conclusively established that he was serving in Korea on 3 December 1950 when he was wounded in action on that date.  Based on this information, the FSM participated in the Chinese Communist Forces (CCF) Intervention campaign.

9.  The FSM's DD Form 214 shows that he was awarded the Korean Service Medal, but does not show that he was awarded the United Nations Service Medal.

10.  The FSM's DD Form 214 does not show that he was awarded the Republic of Korea – Korean War Service Medal (ROK-KWSM).  The FSM was serving in Korea on 3 December 1950 when he was wounded in action, and his DD Form 214 shows that he served 1 month and 22 days of foreign and/or sea service.  

11.  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.  It shows that at the time of the FSM's assignment to the 7th Infantry Regiment on 3 December 1950, the unit was cited for award of the Bravery Gold Medal of Greece by Department of the Army General Orders Number 2, dated 1956.

12.  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. 

13.  Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
 
14.  Army Regulation 600-8-22 further 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.  

15.  Additionally, Army Regulation 600-8-22 provides that the Korean Service Medal (KSM) is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is awarded for each campaign an individual participates in and is worn on the KSM.  It also provides that award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

16.  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, the son of a deceased FSM, contends that the FSM should be awarded the Purple Heart. 

2.  The evidence of record clearly shows that the FSM was wounded in action on 3 December 1950, but his DD Form 214 does not show that he was awarded the Purple Heart.  Therefore, it would be appropriate at this time to award the FSM the Purple Heart, and correct his military records to show the award of the Purple Heart.

3.  The FSM's military records contained a letter, dated 9 July 2008, from the National Personnel Records Center to the applicant, which stated in part that the FSM was authorized the Good Conduct Medal.  There is also no derogatory information in the available records which could be a disqualifying factor in awarding the FSM the Good Conduct Medal for the period 17 September 1950 to 20 February 1952.  Therefore, given the lack of derogatory disqualifying information and his distinguished service in combat, it would be appropriate at this time to award him the Good Conduct Medal for the period 17 September 1950 to 20 February 1952, and correct his military records to show the award of the Good Conduct Medal.

4.  The FSM served on active duty during a qualifying period for award of the National Defense Service Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the National Defense Service Medal.
5.  It could be conclusively established that the FSM participated in one campaign during his service in Korea; therefore, he is entitled to correction of his military records to show one bronze service star to be affixed to his already awarded Korean Service Medal.

6.  Based on the FSM's award of the Korean Service Medal, he is entitled to correction of his military records to show the award of the United Nations Service Medal.

7.   The FSM was serving in Korea on 3 December 1950 when he was wounded in action, and his DD Form 214 shows that he served 1 month and 22 days of foreign and/or sea service.  Therefore, it is reasonable to presume that he served on permanent assignment in Korea for 30 consecutive days during a qualifying period for award of the ROK-KWSM.  Therefore, he is entitled to correction of his military records to show the award of the ROK-KWSM.

8.  General orders awarded the Bravery Gold Medal of Greece to the 7th Infantry Regiment while the FSM was assigned to this unit.  Therefore, he is entitled to correction of his military records to show the award of the Bravery Gold Medal of Greece.

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 3 December 1950 while serving as a private;

	b.  awarding him the Good Conduct Medal for the period 17 September 1950 to 20 February 1952 while serving as a private first class;

	c.  showing the award of the National Defense Service Medal, the United Nations Service Medal, the ROK-KWSM, and the Bravery Gold Medal of Greece; and

	d.  showing one bronze service star to be affixed to his already awarded Korean Service Medal.

2.  The Board wants the applicant, his mother, and all others to know that the sacrifices made by his late father in service to the United States during the Korean War are deeply appreciated.  The applicant, his mother, and all Americans should be justifiably proud of the FSM's honorable service in arms.




      _______ _ 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)                                         AR20080016692



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ABCMR Record of Proceedings (cont)                                         AR20080016692



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