IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20090002785 


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, that the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her deceased husband, a former service member (FSM), be corrected by adding the Purple Heart (PH) in item 27 and by documenting his being wounded in action in Korea in item 29.

2.  The applicant states, in effect, that the FSM was wounded in action in Korea on 17 January 1952, and that she would like this recorded on his DD Form 214.

3.  The applicant provides, through a Member of Congress, the following documents in support of the application:  Purple Heart (PH) award orders and certificate, dated 30 January 2009; FSM's Death Certificate; and Congressional Inquiry packet.

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 FSM's record shows that he was inducted into the Army of the United States and entered active duty on 5 October 1950.  His DD Form 230 (Service Record) shows he held and served in military occupational specialty 1745 (Infantry) and served in Korea from 2 April 1951 through 19 March 1952.  It further shows that while serving in Korea, he was assigned to Company F, 5th Infantry Regiment, performing duties as a rifleman, assistant squad leader, and squad leader.

3.  Section 2 (Appointments, Promotions, or Reductions) of the FSM's DD Form 230 shows he was promoted to sergeant first class (SFC) on 2 November 1951, and that this is the highest rank he attained while serving on active duty.

4.  Section 7 (Combat Record) of the service record shows the FSM was credited with participating in the First United Nations (UN) Counter Offensive and Chinese Communist Forces (CCF) Spring Offensive of the Korean War campaigns and Section 9 (Medals, Decorations and Citations) shows he earned the Combat Infantryman Badge (CIB) and Korean Service Medal (KSM) with two bronze service stars during his active duty tenure.

5.  Section 17 (Indorsements) shows favorable Army Good Conduct Medal (AGCM) recommendations for all of his active duty assignments and his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.

6.  The FSM's record contains an Office of the Surgeon General (OTSG) Hospital Admission Record for 1952 which confirms the FSM was admitted to a medical treatment facility in Korea on 17 January 1952.  It also shows he was treated for a bullet wound to his abdomen that he received as a direct result of action against an organized enemy on 17 January 1952 and that he was hospitalized until 25 February 1952.

7.  The FSM's record also contains a letter from a Member of Congress, dated 4 February 1952, and a Western Union Telegram, dated 27 January 1952, both  addressed to the FSM's parents which informed them that the FSM had been wounded in action in Korea on 17 January 1952.

8.  On 7 July 1952, the FSM was honorably released from active duty in the rank of SFC after completing 1 year, 9 months, and 3 days of active military service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the FSM at the time shows he earned the KSM with two bronze service stars and the CIB during his active duty tenure.

9.  The FSM's record also contains United States Army Human Resources Command (HRC) Permanent Order 030-07 and a PH certificate, dated 30 January 2009, which awarded the FSM the PH for being wounded in action in Korea on 17 January 1952.

10.  Army Regulation 600-8-22 (Military Awards) contains guidance on award of the National Defense Service Medal (NDSM) and states, in pertinent part, that this award is authorized for honorable active duty service for any period between 27 June 1950 and 27 July 1954.

11.  Chapter 4 of Army Regulation 600-8-22 prescribes the policy for award of the 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.

12.  Paragraph 5-9 of Army Regulation 600-8-22 contains guidance on award of the KSM and states, in pertinent part, that it is authorized for service in Korea between 27 June 1950 and 27 July 1954.  One bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in Korea.  The regulation shows that the applicant was credited with participating in the First UN Counteroffensive, CCF Spring Offensive, UN Summer-Fall Offensive, and the Second Korean Winter campaigns of the Korean War.

13.  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 service in Korea between 27 June 1950 and 27 July 1954.

14.  Paragraph 9-16 of Army Regulation 600-8-22 contains guidance on award of the Republic of Korea War Service Medal (ROK-WSM) and states, in pertinent part, that it is authorized for service in Korea between 25 June 1950 and 27 July 1953.

15.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-Korean War) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean War.  This source confirms that during his tenure of assignment, the applicant’s unit (5th Infantry Regiment) earned the Republic of Korea Presidential Unit Citation (ROKPUC) 

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided for documenting the circumstances surrounding any wounds that were received as a result of enemy action in item 29.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's record and DD Form 214 should be corrected by adding the PH in item 27 and the circumstances surrounding his being wounded in action in Korea in item 29 was carefully considered and found to have merit.

2.  In this case, the evidence confirms the FSM was seriously wounded in action in Korea on 17 January 1952 when he received a bullet wound to the abdomen as a direct result of enemy action.  The record also shows that based on this wound received in action, the FSM was awarded the PH in orders published by HRC on 30 January 2009 as evidenced by the PH orders and PH certificate on file in his record.  As a result, it would be appropriate to correct item 27 and item 29 of his DD Form 214 accordingly.

3.  The evidence of record also confirms that the FSM received favorable AGCM recommendations at all of his active duty assignments.  Therefore, lacking any derogatory information or a unit commander disqualification on file in his record that would have precluded him from being awarded the AGCM, it would also be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 5 October 1950 through 7 July 1952.

4.  The evidence of record also shows that based on his active duty service and his service and campaign participation in Korea, he is also eligible for NDSM, UNSM, ROK-WSM, ROKPUC, and four bronze service stars with his KSM.  As a result, it would also be appropriate to add these awards to the FSM's DD Form 214.


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 Army Good Conduct Medal for his qualifying honorable active duty service from 5 October 1950 through 7 July 1952;

	b.  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, Purple Heart, Army Good Conduct Medal, Korean Service Medal with four bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, Republic of Korea Presidential Unit Citation, Combat Infantryman Badge"; 

	c.  deleting the current entry in item 29 and replacing it with the entry "wounded in action, bullet wound to abdomen, Korea, 17 January 1952"; and

	d.  providing the applicant with a correction to the FSM's 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)                                         AR20090002785



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ABCMR Record of Proceedings (cont)                                         AR20090002785



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