IN THE CASE OF:	  

		BOARD DATE:	        31 March 2009

		DOCKET NUMBER:  AR20080018588 


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 award of the Purple Heart.

2.  The applicant states he was wounded in 1952 during the Korean War.  He adds the Department of Veterans Affairs (DVA) has told him that proof of his wounding is contained in his service records.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 was inducted into the Army of the United States on 22 May 1951.  He was trained as an infantryman and transferred to Korea where he was assigned to Company A, 1st Battalion, 14th Infantry Regiment, 25th Infantry Division.

4.  The applicant’s reconstructed records contain a WD AGO Form 8-26 (Emergency Medical Tag).  It shows the applicant was wounded in action on 14 March 1952 and treated at the 1st Battalion Aid Station, 14th Infantry Regiment.  The form states, “8255 Wound missile LWA [lightly wounded in action], SFW [shell fragment wound] penetrating rt [right] ear, wounded when mine exploded on Patrol, No artery or nerve involvement 2030 hrs [hours] 14 Mar 52.”  The form verifies that the applicant was wounded in the line of duty at map grid coordinates DT138401 [NE of Seoul, near Mundung-ni].  The form also contains the notation “ETPH,” meaning “Entitled to Purple Heart.”

5.  The applicant ultimately returned to the United States and was honorably released from active duty at Camp Atterbury, IN, on 24 February 1953.  His DD Form 214 shows he served 1 year, 9 months, and 1 day of active duty, of which 11 months and 15 days were served overseas.  Although he had 2 days of lost time, he was discharged as a Sergeant and he was awarded the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.

6.  Army Regulation (AR) 600-8-22 (Military Awards) 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.

7.  The applicant is entitled to additional awards and decorations which do not appear on his DD Form 214:

	a.  AR 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.
	b.  AR 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

	c.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (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 requests award of the Purple Heart.

2.  The applicant’s records contain a WD AGO Form 8-26 which was completed at his Battalion Aid Station on 15 March 1952.  It clearly shows that he was wounded in action at 2030 hours, on 14 March 1952, near Mundung-ni, Korea, when an enemy mine exploded sending shell fragments into his right ear.  The WD AGO Form 8-26 clearly states he is entitled to the Purple Heart.

3. The applicant rose to the rank of Sergeant in a very short period of time.  To do so, he would have had to demonstrate excellent conduct and efficiency.  Despite the fact that his DD Form 214 shows he had 2 days of lost time, it would be appropriate to award him the Good Conduct Medal for his conduct, efficiency and fidelity during the period 22 May 1951 through 24 February 1953.

4. The applicant served during a period for which the National Defense Service Medal was authorized.  This award should be added to his DD Form 214.

5.  The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea.  The applicant’s DD Form 214 should reflect 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:

	a.  awarding him the Purple Heart for wounds received on 14 March 1952, the Good Conduct Medal for the period 22 May 1951 through 24 February 1953, the National Defense Service Medal, and the Republic of Korea War Service Medal. 

	b.  adding the Purple Heart, Good Conduct Medal, National Defense Service Medal, and Republic of Korea War Service Medal to his DD Form 214.



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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)                                         AR20080018588



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ABCMR Record of Proceedings (cont)                                         AR20080018588



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