IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090010756 


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 he be awarded the Purple Heart, National Defense Service Medal, Good Conduct Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

2.  The applicant states these awards were left off his discharge document.  

3.  The applicant provides, in support of his request, copies of his WD AGO Form 55 (Honorable Discharge from the Armed Forces of the United States), an extract from the Korean War Casualty File, and a DA Form 1577 (Authorization for Issuance of Awards). 

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 records are not available.   A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  The available records consist largely of the copies he submitted.

3.  His WD AGO Form 55 shows:

   a.  he enlisted in the Regular Army, after having had prior service, on 11 July 1949 for a period of 3 years;
   
   b.  he served overseas for 8 months and 26 days;
   
   c.  he was authorized awards including the Combat Infantryman Badge, Korean Service Medal, Distinguished Unit [Citation] Emblem, and one Overseas Service Bar;
   
   d.  his most significant duty assignment was with K Company, 21st Infantry Regiment; 
   
   e.  he was wounded by shrapnel in the left arm on 26 April 1951;
   
   f.  he was advanced to the permanent rank of private first class (PFC) on 
   23 March 1950; 
   
   g.  he was involuntarily extended on active duty, served a total 4 years and   29 days of active duty service, and had no lost time; and 

   h.  he was separated in that rank on 11 September 1952; and 

4.  The Korean War Casualty File shows the applicant was seriously wounded in action and was evacuated to the United States on 25 May 1951.

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

6.  Army Regulation 600-65, in effect at the time, provided policy and criteria concerning service medals.  It stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

7.  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.

8.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star will be awarded for each campaign.  A silver service star is authorized in lieu of five bronze service stars.  Campaign periods listed in Department of the Army Pamphlet 672-1 include the United Nations  (UN) Defensive (15 June-15 September 1990), UN Offensive (16 September 1950 through 2 November 1950), Communist Chinese Forces (CCF) Intervention (3 November 1950 through 24 January 1951), First UN Counteroffensive          (25 January through 21 April 1951), and CCF Spring Offensive (22 April through 8 July 1951).  

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the 21st Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for the period 2 through 22 July 1950.  The unit was authorized to accept it by Department of the Army General Order Number 24 of 1954.

10.  Department of the Army Pamphlet 672-1 shows that the 21st Infantry Regiment was awarded the Distinguished Unit Citation for the period 2 July through 15 September 1950.  The Distinguished Unit Citation was redesignated the Presidential Unit Citation (Army) by the Deputy Chief of Staff for Personnel (DCSPER) on 3 November 1966.

11.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal 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 Republic of Korea War Service Medal.  To qualify for the award a 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. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant states the Purple Heart, National Defense Service Medal, Good Conduct Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation were left off his discharge document.  

2.  The applicant was treated for a wound sustained while in action against the enemy on 25 April 1951.  He should be awarded the Purple Heart.    

3.  Because his records were lost in the National Personnel Records Center fire, his conduct and efficiency ratings are not available.  In light of his advancement to private first class more than two years before his discharge, the absence of any lost time, his successful completion of a year of service more than his enlistment, and his combat service which included a wound requiring evacuation to the United States, he should be awarded the Good Conduct Medal as an exception to policy.

4.  The applicant is authorized the National Defense Service Medal 

5.  The applicant’s WD AGO Form 55 shows he served overseas for 8 months and 26 days.  It also shows he was authorized to wear the Distinguished Unit Citation, which was awarded to the 21st Infantry during the period 2 July through 15 September 1950.  Since the applicant was evacuated to the United states on 25 May 1951, it appears he must have arrived in Korea on or about 29 August 1950.   

6.  He is authorized to wear a silver service star on the Korean Service Medal.

7.  The Distinguished Unit Citation was redesignated the Presidential Unit Citation in  November 1966.  Since the Distinguished Unit Emblem is shown on the applicant's discharge document, adding the Presidential Unit Citation is unnecessary. 

8.  The Republic of Korea Presidential Unit Citation was awarded to the applicant's regiment for the period 2-22 July 1950, before he arrived in Korea.  He would have been authorized to wear that award on his uniform while attached to the 21st Infantry regiment, but it was not a permanently authorized award for him.

9.  The applicant is authorized the Republic of Korea War Service Medal.

10.  The above authorized awards should be added to the applicant's discharge document.  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 wounds received on 26 April 1951 and the Army Good Conduct Medal for the period 11 July 1949 through 10 July 1953; and 
   
   b.  adding the Purple Heart, Good Conduct Medal, National Defense Service Medal, a silver service star for wear on the Korean Service Medal, and the Republic of Korea War Service Medal to the awards listed on his separation document.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Presidential Unit Citation, since is effectively already listed, and the Republic of Korea Presidential Unit Citation. 




      _______ _   _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)                                         AR20090010756





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ABCMR Record of Proceedings (cont)                                         AR20090010756



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