IN THE CASE OF:	  

		BOARD DATE:	  5 November 2.009

		DOCKET NUMBER:  AR20090009921 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and any other awards left off this form.

2.  The applicant states he was wounded in action on 14 October 1952 but the Purple Heart is not listed on his DD Form 214.

3.  The applicant did not provide any additional documentary evidence in support of his request. 

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 records show he was inducted into the Army of the United States and entered active service in Greenville, SC, on 20 September 1951.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 5059 (General Construction Worker).  He was honorably separated, on 19 June 1953, and transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.  He completed 1 year and 9 months of creditable active service

3.  The applicant's records also show that he served in Korea from on or about 28 March to 2 December 1952.  He was assigned to Company B, 13th Engineer Battalion.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Korea Service Medal with one bronze service star and the United National Service Medal.  Item 27 does not show award of the Purple Heart.

5.  Item 29 (Wounds Received as a Result of Action With Enemy Forces) of the applicant's DD Form 214 shows the entry "None." 

6.  The applicant's records contain a copy of WD AGO Form 0365 (Telegram), dated 21 October 1952, that shows he was wounded in action in Korea on 14 October 1952 as a result of artillery fire.  He sustained flesh wounds to the left side of his head and left side of his thigh.

7.  On 10 June 1977, the applicant was issued a DD Form 215 (Correction to DD Form 214) that shows he was wounded in action in Korea on 14 October 1952.

8.  Army Regulation 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.  

9.  Review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.

10.  Army Regulation 600-8-22 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.
11.  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.

12.  Section 14 (Remarks) of the applicant's DD Form 230 (Service Record) shows he received "Excellent" conduct and character ratings and was favorably considered for award of the Good Conduct Medal.  Additionally, his record does not contain any derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal.

13. Army Regulation 600-8-22 provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

14.  Item 39 (Qualifications in Arms) of the applicant's DA Form 20 (Qualification Record-Enlisted Personnel) shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar on 8 November 1951.

15.  Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, establishes eligibility of individual members for campaign participation credit, assault landing, unit citation emblems, and occupation duty credit for World War II and Korea.  This pamphlet lists all campaign credit during the Korean War.  This DA PAM shows that the applicant participated in the Second Korean Winter (28 November 1951 to 30 April 1952), the Korean Summer-Fall 1952 (1 May 1952 to 30 November 1952), and the Third Korea Winter (1 December 1952 to 30 April 1953) campaigns during his tour of duty in Korea.  Additionally, Army Regulation      600-8-22 states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The evidence of record shows the applicant was wounded in action in Korea on 14 October 1952 due to enemy artillery fire.  He sustained flesh wounds to the left side of his head and left side of his thigh.  He was issued a DD Form 215 to show he was wounded in action; however, he was not awarded the Purple Heart. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award. 

3.  The evidence of record shows the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant completed 9 months and 7 days of service in Korea from on or about 28 March 1952 to on or about 2 December 1952; therefore he served a qualifying period for award of Republic of Korea War Service Medal and he is entitled to correction of his records to show this award. 

5.  The evidence of record shows the applicant was awarded the Korean Service Medal with one bronze service star.  However, his records show he participated in three campaigns while serving in Korea.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Korean Service Medal.

6.  The evidence of record confirms that the applicant served honorably during the period from 20 September 1951 through 19 June 1953.  He received "Excellent" conduct and efficiency ratings, completed over 9 months of combat service in Korea, and was wounded in action.  Furthermore, his record is void of any lost time and/or any other derogatory information.  It would therefore be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

7.  The applicant's records show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar on 8 November 1951 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show 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 the applicant the Purple Heart for wounds received in action on 14 October 1952 in Korea; 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 September 1951 through 19 June 1953; 

	c.  deleting from item 27 of his DD Form 214 the Korean Service Medal with one bronze service star; and 

	d.  adding to the list of awards on his DD Form 214 the Purple Heart, the Good Conduct Medal (1st Award), the Korean Service Medal with three bronze service stars, the National Defense Service Medal, the Republic of Korea War Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.



      _______ _   _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)                                         AR20090009921



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ABCMR Record of Proceedings (cont)                                         AR20090009921



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