IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012185 


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 show award of the Purple Heart (PH).

2.  The applicant states, in effect, the PH he was awarded was not included in the list of awards contained on his DD Form 214.

3.  The applicant provides a PH Certificate in support of his application. 

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the applicant's DD Form 214, Department of the Army (DA) Korean War Casualty Roster, and the PH Certificate provided by the applicant.

3.  The applicant's DD Form 214 shows he was inducted into the Army and entered active duty on 30 September 1952.  It shows he attained the rank/grade of private first class (PFC)/E-3 on 28 June 1953 and that this is the rank/grade he held when he was honorably released from active duty (REFRAD) on 17 July 1954.  It further shows he completed 1 year, 9 months, and 18 days of active military service, of which 1 year, 4 months, and 7 days was overseas service.

4.  Item 27 (Decorations, Awards, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure:  Combat Infantryman Badge (CIB), Presidential Unit Citation (PUC), United Nations Service Medal (UNSM), Korean Service Medal (KSM) with 2 bronze service stars, and National Defense Service Medal (NDSM).  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "LWA LEFT LEG" indicating he was lightly wounded in action in his left leg.

5.  The applicant's DD Form 214 documents no time lost and his NPRC file is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant provides a PH certificate that shows he was awarded the PH on 31 May 1953 as a result of being wounded in action in Korea on 13 July 1953.

7.  During the processing of this case, a member of the Board’s staff reviewed the DA Korean War Casualty Roster.  The roster contains an entry confirming the applicant was wounded in action in Korea on 13 July 1953.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by military medical personnel, and that a record of the medical treatment was made a matter of official record.  

9.  Chapter 4 of the awards regulation 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.  

10.  Paragraph 9-16 of the awards regulation contains guidance on award of the Republic of Korea War Service Medal (ROKWSM) and states, in pertinent part, that it is authorized for service in Korea between 25 June 1950 and 27 July 1953. 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to the list of awards contained in item 27 of his DD Form 214 was carefully considered and found to have merit.  The evidence confirms the applicant was wounded in action in Korea on 13 July 1953, as evidenced by entries in item 29 of his DD Form 214 and on the DA Korean War Casualty Roster, and that he was awarded the PH as indicated in the PH Certificate he provides.  As a result, it would be appropriate to add the PH to item 27 of his DD Form 214 at this time.

2.  Lacking any derogatory information or formal unit commander disqualification in the NPRC file, or on his DD Form 214, it is reasonable to conclude the applicant completed a period of qualifying honorable active duty service and, therefore, eligible for the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from
30 September 1952 through 17 July 1954, in the interest of equity and justice, and to add this award to his DD Form 214 at this time.
3.  The evidence also shows that based on his service in Korea, he is also eligible for the ROKWSM.  Therefore, it would also be appropriate to add this award to his DD Form 214 at this time.

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 period of honorable active duty service from 30 September 1952 through 17 July 1954;

   b.  adding to item 27 of his DD Form 214 the Purple Heart, Army Good Conduct Medal, and Republic of Korea War Service Medal; and

   c.  providing him a correction to his 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)                                         AR20090012185



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012185



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1