IN THE CASE OF:	  

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090011154 


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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to reflect award of the Purple Heart, Bronze Star Medal, and any unit awards to which he may be entitled.

2.  The applicant states he had physically received the Purple Heart and Bronze Star Medal but the awards are not on his DD Form 214.  He also states that his unit, Company L, 34th Regiment, 24th Infantry Division received other unit awards after his discharge which should be included on his DD Form 214 as well.

3.  The applicant provides a copy of his Purple Heart and Bronze Star Medal award certificates. 

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 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 remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant’s DD Form 214 shows he enlisted in the Regular Army on
18 January 1949.

4.  According to medical documents contained in the applicant’s reconstructed military personnel record, he was captured by enemy forces in Korea on 20 July 1950, just three weeks after he entered combat in Korea.  Those same medical records indicate the applicant was wounded as a result of enemy fire on 20 July 1950, the day he was captured.

5.  The applicant returned to United States control on 26 August 1953 after more than 3 years in captivity.  He was treated at various military hospitals and ultimately returned to the United States.  On 11 November 1953 the applicant was discharged with an honorable characterization of service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reflects the following:

* United Nations Service Medal
* National Defense Service Medal
* Occupation Medal (Japan)
* Combat Infantryman Badge
* Korean Service Medal

7.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows he was assigned to Company L, 34th Infantry Regiment.

8.  Item 28 (Wounds Received as a Result of Enemy Forces) of his DD Form 214 reflects the entry "NA" [not applicable].

9.  The Bronze Star Medal certificate, submitted by the applicant, indicates he was awarded the Bronze Star Medal for meritorious achievement between 2 and 15 July 1950.  The certificate was issued on 18 May 1954, several months after the applicant was honorably discharged.  The applicant’s reconstructed file does not contain a copy of orders confirming award of the Bronze Star Medal.

10.  On 4 March 1987 the applicant was awarded the Purple Heart for wounds sustained on 20 July 1950, although his record does not contain a copy of the orders confirming the award.  Officials at the Army Reserve Personnel Center in St. Louis, MO authorized issuance of the medal on 6 March 1987.

11.  Army Regulation 600-8-22 (Military Awards) states that awards of decorations, including awards of the Purple Heart and Bronze Star Medal, made by major Army commands, principal Headquarters Department of the Army, or according to delegated authority will be announced in orders.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II and the Korean War.  This document shows the unit, to which the applicant was assigned (34th Infantry Regiment), was awarded a Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 2 July through 16 September 1950 by Department of the Army General Order (DAGO) Number 45, dated 1950.  That same pamphlet shows that the applicant’s unit was also awarded multiple awards of the Republic of Korea Presidential Unit Citation, although the applicant would have been present for duty only for the award which recognized the period 2 through 22 July 1950 and was announced in DAGO Number 35, dated 1951.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Korean War.  The applicant would have been present for duty during the UN Defensive Campaign which commenced on 27 June 1950 and ended on 
15 September 1950.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal to denote campaign participation.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

15.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROKWSM) 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 ROKWSM.  To qualify for award of the ROKWSM, 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.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 27, enter chronologically each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared.  Show both date and place of action if recorded on records available at time of separation.  If records not available, the terminology "No records available" will be entered.  The theater of operation in which the action occurred may be entered if exact location is not recorded.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board confirms the applicant was wounded as a result of hostile action on 20 July 1950 and, while there are no orders available to the Board which confirm the applicant’s award of the Purple Heart, his Purple Heart award certificate is accepted as evidence for entitlement to the award.  Therefore, his records should be corrected to show award of the Purple Heart.

2.  The evidence also confirms the applicant would have participated in the initial days of the UN Defensive campaign and as such is entitled to a bronze service star to be affixed to his already-awarded Korean Service Medal.  He is also entitled to a Presidential Unit Citation, Republic of Korea Presidential Unit Citation, Prisoner of War Medal, and the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show these awards.

3.  Under normal circumstances, in the absence of orders confirming an award, there would be a reluctance to accept an award certificate as the sole basis for concluding an individual had been awarded the Bronze Star Medal.  However, in view of the sacrifices the applicant would have made for his country during the Korean War and during his more than 3 years in captivity, in this case it would be appropriate and in the interest of justice, compassion, and equity to confirm the applicant’s award of the Bronze Star Medal and correct his record accordingly.

4.  Medical evidence shows the applicant was wounded as a result of hostile fire on 20 July 1950 while in Korea.  Therefore, his records should be corrected to show he was wounded as a result of action with enemy forces on 20 July 1950 in Korea. 

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 Purple Heart for wounds received in action on 20 July 1950 in Korea;

	b.  awarding him the Bronze Star Medal for meritorious achievement during the period 2 July to 15 July 1950;

	c.  adding to item 27 of his DD Form 214 the Purple Heart, Bronze Star Medal, Presidential Unit Citation, Republic of Korea Presidential Unit Citation, Prisoner of War Medal, Korean Service Medal with one bronze service star, and the Republic of Korea War Service Medal; and

	d.  deleting from item 29 of his DD Form 214 the entry "NA" and replacing it with the entry "20 July 1950, Korea."



      ___________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)                                         AR20090011154



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ABCMR Record of Proceedings (cont)                                         AR20090011154



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