IN THE CASE OF:	  

		BOARD DATE:	  21 May 2009

		DOCKET NUMBER:  AR20080019758 


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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in action in Korea in October 1951 and was hospitalized in Japan where he received the PH.  However, the award was never entered in his record.

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) 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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the applicant's DD Form 214 and documents on file at the NPRC.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 6 February 1951.  He held and served in military occupational specialty 1123 (Medical Aidman).  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the Combat Medical Badge (CMB), Bronze Star Medal (BSM), and Korean Service Medal (KSM) with one bronze service star during his active duty tenure.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains an entry indicating that the applicant was wounded in action in Kumsong, Korea, on 30 October 1951 where he received mortar wounds in both thighs.

4.  The applicant's DD Form 214 confirms he was honorably separated on 5 November 1952 in the rank of private first class after completing 1 year and 9 months of active duty service of which 5 months and 10 days were served overseas.  Item 38 (Remarks) contains an entry confirming the applicant accrued no time lost during his service and there is no derogatory information on the separation document or elsewhere in the NPRC file.

5.  During the processing of this case, a member of the Board staff reviewed the National Archives and Records Administration Korean War Casualty File.  This roster contained an entry confirming the applicant was seriously wounded in action in Korea on 30 October 1951 which resulted in his medical evacuation.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.

7.  Paragraph 2-10 of Army Regulation 600-8-22 contains guidance on the National Defense Service Medal (NDSM).  It states, in pertinent part, that it is authorized for honorable service for any period between 27 June 1950 and 27 July 1954.

8.  Chapter 4 of Army Regulation 600-8-22 prescribes the policy for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Paragraph 9-5 of Army Regulation 600-8-22 contains guidance on the United Nations Service Medal (UNSM) and states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea between 25 June 1950 and 27 July 1953.  Personnel awarded the KSM automatically establish eligibility for the UNSM.  Paragraph 9-16 contains guidance on the Republic of Korea War Service Medal (ROKWSM) and states, in pertinent part, that it is awarded to members who service in Korea for 30 consecutive or 60 non-consecutive days between 25 June 1950 and 27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the PH was carefully considered and found to have merit.  The evidence confirms the applicant was wounded in action in Korea on 30 October 1951, as evidenced by entries on his DD Form 214 and the Korean War Casualty File.  As a result, the regulatory burden of proof necessary to support award of the PH has been satisfied in this case and the applicant should be awarded the PH for being wounded in action in Korea on 30 October 1951.  Therefore, this award should be added to the list of awards contained on his DD Form 214.

2.  The evidence also shows the applicant completed more than a year of honorable active duty service.  Therefore, absent any evidence of derogatory information or a unit commander disqualification that would preclude award of the AGCM, it would be appropriate and serve the interest of justice and equity to award him the AGCM for his qualifying honorable active duty service from 6 February 1951 through 5 November 1952 and add this award to his DD Form 214.

3.  The evidence also shows that based on qualifying active duty service and his service in Korea, the applicant is eligible for the NDSM, UNSM, and KWSM which should be added to his DD Form 214 at this time.


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 being wounded in action in Korea on 30 October 1951;

	b, awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 6 February 1951 through 5 November 1952;

	c.  amending item 27 of his DD Form 214 by deleting the current list of awards and replacing it with the entry, "National Defense Service Medal, Bronze Star Medal, Purple Heart, Army Good Conduct Medal, Korean Service Medal with one bronze service star, United Nations Service Medal, Republic of Korea War Service Medal, and Combat Medical Badge"; and

	d.  providing him a correction to his DD Form 214 that includes these changes.



      __________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)                                         AR20080019758



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ABCMR Record of Proceedings (cont)                                         AR20080019758



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