IN THE CASE OF:	  

		BOARD DATE:	       19 February 2009

		DOCKET NUMBER:  AR20080017956 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States)  reflect he was awarded a Purple Heart for wounds received during the Korean War.

2.  The applicant states he was wounded in Korea in the fall of 1950 during his first enlistment.  He was evacuated from Korea to Tokyo, Japan, for medical treatment, then further evacuated to the United States.  He was honorably discharged and reenlisted.  The DD Form 214 he received in January 1954 does not show his Purple Heart.

3.  The applicant provides a copy of a 20 October 2008 letter from the Missouri Veterans Commission forwarding his request.

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 complete 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 partially lost or destroyed in that fire.  However, sufficient records remain in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army for 3 years on 11 December 1947 and was trained in military occupational specialty (MOS) 4745 (Light Weapons Infantryman).  His record of assignments shows:

	a.  22 December 1947-12 April 1948 – Company B, 7th Tank Battalion, 3rd Armored Division, Fort Knox, KY.

	b.  13 April 1948-22 May 1948 – Company A, 32nd Tank Battalion, 3rd Armored Division, Fort Knox, KY.

	c.  23 May 1948-24 May 1948 – Camp Stoneman, CA [for transfer to Korea].

	d.  18 June 1948-1 July 1948 – Company K, 31st Infantry Regiment, Korea [occupation duty].

	e.  1 July 1948-1 January 1949 – Company K, 31st Infantry Regiment, Japan.

	f.  2 January 1949-24 July 1950 – Company K, 5th Infantry Regiment, Hawaii.

	g.  25 July 1950-21 September 1950 – Company K, 5th Regimental Combat Team (RCT), Korea [combat during Korean War].

	h.  22 September 1950 – Medical Holding Company, Tokyo Army Hospital, Tokyo, Japan.

4.  The applicant’s records show he was struck in the left flank by shrapnel from an enemy hand grenade while serving as an infantryman with Company K, 5th RCT near Taegu, Korea, on 19 September 1950.  This is verified by a FRIAR Report (AGO Form No. 241), by a WD AGO Form 8-27 (Field Medical Card), and by the Korean Casualty File.

5.  The applicant’s records are silent on how he returned to the United States, but on 30 September 1951, he was honorably discharged for the purpose of immediate reenlistment.  On 1 October 1951, he reenlisted for 3 years.  His reenlistment took place at Fort Meade, MD.  There is no record of his honorable service (i.e., DD Form 214) from 1947 to 30 September 1951.

6.  The applicant became a serious disciplinary problem after his reenlistment.  His records show he was convicted by three courts-martial for periods of absence without leave (AWOL) from 3 March 1952 to 23 May 1952, from 15 September 1952 to 21 January 1953, and from 28 August 1953 to 5 November 1953.

7.  On 7 January 1954, the applicant’s commander recommended he appear before a board of officers to show cause why he should not be discharged for unfitness under the provision of Army Regulation (AR) 615-368.  

8.  On 23 January 1954, the applicant was discharged with a UD.  His DD Form 214 shows no awards or decorations.

9.  AR 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel for reasons of unfitness.  The regulation provided, in pertinent part, that members guilty of repeated misconduct were subject to separation.  A UD was normally considered appropriate.

10.  Special Regulation 615-360-1 (Enlisted Personnel), then in effect, provided an outline of procedures to be followed in effecting the discharge of enlisted people.  It stated, in pertinent part, all entries on the DD Form 214 would apply only to the current period of active duty.

11.  AR 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and
(3) the medical treatment was made a matter of official record.

	b.  The National Defense Service Medal is awarded or honorable active service for any period between 27 June 1950 and 27 July 1954.  

	c.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Furthermore, a bronze service star is awarded, based on qualifying service for each campaign listed in Appendix B of the regulation.  Authorized bronze service stars will be worn on the appropriate service medal.

	d.  The United Nations Service Medal is awarded for service during the period of eligibility 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.

	e.  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 be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

	f.  The Republic of Korea War Service Medal was originally offered to the Armed Forces of the United States by the Ministry of Defense, Republic of Korea, on 15 November 1951.  On 20 August 1999, the Assistant Secretary of Defense (Force Management Policy) approved the acceptance and wear of the medal for veterans of the Korean War.  It is awarded to members of the US Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  while on permanent assignment; or 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 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 requests the Purple Heart be added to his DD Form 214.

2.  The applicant’s records should contain two DD Forms 214, the first one for the period 11 December 1947 through 30 September 1951, and the second one for 


the period 1 October 1951 through 23 January 1954.  The first DD Form 214 should have listed all of the applicant’s awards and decorations for his service during the Korean War; unfortunately, that form is missing.  The second DD Form 214 shows no awards.

3.  Regulations in effect in the 1950’s did not provide for listing awards on a DD Form 214 unless the awards were earned during the period of service described by that DD Form 214.  Thus, by regulation, none of the applicant’s Korean War-era awards earned in 1950 may be shown on his DD Form 214 for the period 1 October 1951-23 January 1954.  Today, regulations provide that awards be carried forward from earlier DD Forms 214 to the latest DD Form 214.  Because his Korean War-era DD Form 214 is not available, and because current policy provides for listing all awards on the DD Form 214 regardless of when the award was received, it would be proper, as an exception to the 1950’s policy, to show the applicant’s awards on his only remaining DD Form 214.

4.  The applicant was an Infantry Soldier serving in combat during the first hectic months of the Korean War.  He was wounded by shrapnel from an enemy hand grenade on 19 September 1950.  His wounds were medically documented.  He is entitled to award of the Purple Heart.

5.  Because he held an infantry MOS and was wounded in action while serving as a rifleman with Company K, 5th RCT, he is entitled to award of the Combat Infantryman Badge.

6.  For his service during the Korean War, the applicant is entitled to award of the Korean Service Medal with one bronze service star, and the United Nations Service Medal.

7.  As a Korean War veteran, the applicant is entitled to award of the Republic of Korea War Service Medal.

8.  For his service between 27 June 1950 and 27 July 1954, a portion of which was honorable, he is entitled to award of the National Defense Service Medal.

9.  The applicant’s records should be corrected as indicated below.



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 him the Purple Heart for wounds received in action on 19 September 1950, the National Defense Service Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Combat Infantryman Badge; and

	b.  adding the Purple Heart, the National Defense Service Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Combat Infantryman Badge to his DD Form 214 for the period 1 October 1951 through 23 January 1954.



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      _______ _   _______   ___
               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)                                         AR20080017956



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ABCMR Record of Proceedings (cont)                                         AR20080017956



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