IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090007134 


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, as the grandson of the former service member (FSM), requests correction of his grandfather's records to list all awards and decorations earned. 

2.  The applicant states, in effect, he believes his grandfather should have been awarded the Purple Heart.  He adds his grandfather is 81 years old and he would like to receive what’s due him.

3.  The applicant provides no additional documentation in support of this case.

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 states he believes the FSM should have received the Purple Heart.  The FSM's DD Form 214 currently shows he was awarded the Purple Heart based on Headquarters, 1st Cavalry Division, General Orders Number 43, dated 28 July 1950 as a result of wounds received as a result of hostile action in Yongdong, Korea on 24 July 1950.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3. The FSM enlisted in the Regular Army (RA) on 25 May 1948 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 4745 (Light Weapons Infantryman).  He was later awarded MOS 0060 (Cook).

4.  The FSM arrived in Japan and he was assigned to G Company, 7th Cavalry Regiment, 1st Cavalry Division on 29 September 1949.  He served in Japan until the outbreak of the Korean War.  On 17 July 1950, he departed Japan with his unit and he arrived in Korea on 22 July 1950.  The FSM and his unit immediately went into combat during the UN Defensive campaign that extended from 27 June 1950 – 15 September 1950).

5.  Two days later, on 24 July 1950, the FSM was seriously wounded in action and medically evacuated to Japan.  On 29 July 1950, he was assigned to Medical Holding Company, Tokyo Army Hospital for medical treatment to his injuries.  On 15 August 1950, the FSM departed Japan for further medical treatment in the United States.

6.  The FSM suffered the amputation of his right leg above the knee.  On 31 December 1951, the FSM was retired by reason of permanent disability after completing 3 years, 7 months, and 4 days of creditable active service.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 31 December 1951 shows he was awarded the Army of Occupation Medal with Japan Clasp, Purple Heart, and the Combat Infantryman Badge.  A copy of this DD Form 214 will be forwarded to the FSM for his records.

8.  A DD Form 215 (Correction to DD Form 214), dated 28 November 1960, was issued to the FSM which amended item 27 of his DD Form 214 by adding the Korean Service Medal.  A copy of the DD Form 215 will also be forwarded to the FSM.

9.  Item 32 (Qualification in Arms) of the FSM's WD AGO Form 20 (Soldier's Qualification Card) shows the FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  The regulation in effect during the FSM’s service provided:

	a.  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;

	b.  the United Nations Service Medal period of eligibility was 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;

   c.  award of a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, is authorized to be worn on the appropriate service medal, including the Korean Service Medal; and

   d.  marksmanship qualification badges are awarded to indicate the degree in which a Soldier has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the Soldier has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman. Soldiers will wear the basic badge which indicates the qualification last attained with the respective weapon.

11.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal 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.
12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows that, at the time of the applicant’s assignment to the 7th Cavalry Regiment, 1st Cavalry Division, it was awarded the Bravery Gold Medal of Greece during the period of the Korean War by Department of the Army General Orders Number 2, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.  The FSM’s DD Form 214 for the period 31 December 1951 shows he was awarded the Purple Heart, Army of Occupation Medal with Japan Clasp, and the Combat Infantryman Badge.  A DD Form 215, dated 28 November 1960, amended the above DD Form 214 to add the Korean Service Medal.

2.  Evidence of record shows that the FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He also met the eligibility criteria for award of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

4.  The FSM was assigned to the 7th Cavalry Regiment during a period of time this unit was awarded the Bravery Gold Medal of Greece.  Therefore, this unit award should be added to his DD Form 214.

5.  The FSM’s participation in one campaign during his short tenure of service in Korea makes him eligible to wear one bronze service star on his already-awarded Korean Service Medal.  Therefore, his DD Form 214 should be amended to add this bronze service star.

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 27 of the FSM's DD Form 214 the Korean Service Medal;

   b.  adding to item 27 of the FSM's DD Form 214 the National Defense Service Medal, Korean Service Medal with one bronze service star, United Nations Service Medal, Republic of Korea War Service Medal, Bravery Gold Medal of Greece, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	c.  providing the FSM with an initial/replacement issue of medal sets for all awards, decorations, and badges to which he his entitled.



      _________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)                                         AR20090007134



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ABCMR Record of Proceedings (cont)                                         AR20090007134



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