IN THE CASE OF:	  

		BOARD DATE:	  	  2 April 2009

		DOCKET NUMBER:  AR20090000459 


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.

2.  The applicant states, in effect, he was wounded in Korea on 20 September 1950 and believes his award of the Purple Heart was overlooked.  He also states that the award is something he wants to pass down to his grandchildren.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 29 November 1952; Western Union Telegram, dated 4 October 1950; and The Sunday Bulletin, Philadelphia, Pennsylvania, newspaper photograph titled, First Korean Casualties Arrive at Valley Forge, dated October 14 (year not specified).

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 service 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 in a reconstructed record, along with the documents provided by the applicant, for the Board to conduct a fair and impartial review of this case.

3.  There are no orders or other evidence in the applicant’s available military service records that shows he was awarded the Purple Heart.

4.  A review of The Adjutant General Office, Casualty Division’s Korean Casualty Roster, confirmed that the applicant is listed as having been wounded in action in Korea on 20 September 1950.

5.  In support of his application, the applicant provides the following documents.

     a.  A copy of his DD Form 214 that shows he enlisted and entered active duty on 30 November 1949 and he was awarded military occupational specialty 1745 (Light Weapons Infantryman).  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the Korean Service Medal with 2 bronze service stars, Army of Occupation Medal with Japan Clasp, and United Nations Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “NONE.”  The DD Form 214 also shows the applicant was honorably discharged on 29 November 1952.  At the time he had completed 3 years of net service for pay purposes, 5 months and 7 days of foreign service, and had no time lost.

     b.  Western Union Telegram that shows, in pertinent part, The Adjutant General of the Army, on behalf of the Secretary of the Army, notified the applicant’s mother that the applicant was slightly wounded in action in Korea on 20 September 1950.

     c.  The Sunday Bulletin newspaper photograph titled, First Korean Casualties Arrive at Valley Forge, that shows the applicant and two other individuals were identified as 3 of 18 Korean casualties that were patients at Valley Forge General Hospital.


6.  Army Regulation 600-8-22 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 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.  A further review of the applicant's available service records reveals that he may be authorized additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-65, in effect at the time, provided policy and criteria concerning awards of the Army Good Conduct Medal.  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 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  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 

   c.  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 contends, in effect, that his records should be corrected to show he was awarded the Purple Heart because he was wounded in action in Korea on 20 September 1950.

2.  The evidence of record shows that the applicant was slightly wounded in action in Korea on 20 September 1950 and that this information was made a matter of official record.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Purple Heart.

3.  The evidence of record shows that the applicant had no time lost during the period of service under review and he honorably completed his term of enlistment of 3 years.  In addition, there is no evidence of adverse information in the applicant’s reconstructed military service records.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Good Conduct Medal for the period 30 November 1949 to 29 November 1952 based upon completion of a period of qualifying active military service.

4.  The evidence of available record shows the applicant served honorably in active service during a qualifying period for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his records to show award of this service medal.
	
5.  The evidence of record shows that the applicant served a qualifying period of service in the Republic of Korea for award of the Republic of Korea War Service Medal.  Therefore, it would be appropriate to correct his records to show this foreign service medal.

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.  deleting from Item 29 of his DD Form 214 the entry "None";

   b.  awarding the applicant the Purple Heart for wounds received in action in the Republic of Korea on 20 September 1950;

   c.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 30 November 1949 through 29 November 1952;

   d.  adding to item 27 of his DD Form 214 the “Purple Heart, Good Conduct Medal, National Defense Service Medal, and Republic of Korea War Service Medal”; and

   e.  adding to Item 29 of his DD Form 214 the entry "Korea, 20 September 1950."



      __________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)                                         AR20090000459



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ABCMR Record of Proceedings (cont)                                         AR20090000459



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