BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090012365 


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 award of the Purple Heart, the Bronze Star Medal with "V" Device, and the Good Conduct  Medal, and correction of his DD Form 214 (Report of Separation from Armed Forces of the United States) to show these awards.  He also requests that his application be expedited and that the medal sets be sent to him.

2.  The applicant states, in effect, that he was wounded during his service in Korea.  He adds that he earned the Bronze Star Medal with "V" Device, but it was neither issued nor entered on his records.  He adds that the Bronze Star Medal award recommendation was never forwarded to Headquarters, Department of the Army because his combat location lacked administrative support.  

3.  The applicant provides:

	a.  a copy of his DD Form 214, dated 3 August 1953; 

	b.  copies of two sworn statements, dated 15 October 1951, from the Commanding Officer, 2nd Battalion, 7th Cavalry Regiment and the Battalion S-2 [Intelligence] Officer;

	c.  a copy of a proposed citation for award of the Bronze Star Medal with "V" Device; and

	d.  a copy of the 2nd Battalion, 7th Cavalry Regiment, Daily Journal/Unit Report, dated 22 September 1951.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Purple Heart, the Bronze Star Medal with "V" Device, and the Good Conduct Medal, and correction of his DD Form 214 to show these awards.  He also requests the Board expedite its deliberation and that the medal sets be sent to the applicant.

2.  Counsel states that the applicant’s request should be processed in an expedited manner as this hero is nearing his 80th birthday and has waited for 60 years to receive what he has earned.  Counsel believes that a higher authority should review the applicant’s actions for the issuance of a higher medal for valor award.  Counsel concludes that the applicant has recently found the original sworn statements with original signatures by a U.S. Army captain and a U.S. Army lieutenant colonel in support of award of the Bronze Star Medal with "V" Device.  

3.  Counsel provides a copy of the applicant’s DD Form 214, dated 3 August 1953; copies of the two sworn statements, dated 15 October 1951; a copy of a proposed citation for award of the Bronze Star Medal with "V" Device; and a copy of the 2nd Battalion, 7th Cavalry Regiment, Daily Journal/Unit Report, dated 22 September 1951, in support of the applicant’s 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 military records are not available to the Board 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 for the Board to conduct a fair and impartial review of this case.

3.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

4.  The applicant requests award of the Bronze Star Medal with “V” Device; however, there are no orders or other evidence on file in his Official Military Personnel File confirming award of this personal valor decoration.  In the absence of authority for this award, the applicant may request award of the Bronze Star Medal with “V” Device under the provisions of 10 USC 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 of Title 10 of the US Code.  As a result, the request for award of the Bronze Star Medal with “V” Device will not be discussed further in this Record of Proceedings.

5..  The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years and entered active duty in Jackson, MS, on 4 August 1950.  This form further shows that at the time of separation at Ford Ord, CA, the applicant held an infantry specialty and his most significant duty assignment [i.e., his final duty assignment] was with Company D, 20th Infantry Regiment, 6th Infantry Division, Fort Ord.

6.  The sworn statements provided by the applicant show he was assigned to the 2nd Battalion, 7th Cavalry Regiment while he was in Korea.

7.  The applicant’s DD Form 214 further shows he completed 3 years of creditable active military service, of which 11 months and 2 days was foreign service.  He was honorably discharged 3 August 1953 in the rank/grade of sergeant (SGT)/E-5.

8.  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 Combat Infantryman Badge, the Korean Service 
Medal with two bronze service stars [denoting his participation in two campaigns of the Korean War], and the United Nations Service Medal.  Item 27 does not show award of the Purple Heart.

9.  Item 29 (Wounds Received As a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows “LWA SFW Iacrt Hand & Abrasions both knees, 9 Nov 51”, meaning on 9 November 1951 he was lightly wounded in action – shell fragment wounds – hand lacerations and abrasions to both knees.

10.  The information from the hospital admissions card created by the Office of the Surgeon General (OTSG) for the year 1951 shows the applicant suffered a laceration wound in Korea as a result of a hostile explosive projectile shell from a gun and/or mortar and that he was admitted to the hospital for treatment on 10 November 1951. 

11.  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.  

12. The applicant’s DA Form 24 (Service Record), which would have shown his conduct and efficiency rating throughout his military service, is not available for review with this case.  However, item 38 (Remarks) of his DD Form 214 shows he was promoted to the rank of SGT and that he had no lost time.  Additionally, his reconstructed record is void of any nonjudicial punishment (NJP) or other derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal based on completion of qualifying service.

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

15.  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.  

16.  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 award of the Republic of Korea War Service Medal, 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.

17.  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.  The applicant was wounded on 9 November 1951, during the UN Summer-Fall Offensive campaign (9 July to 27 November 1951) which lasted 142 days.  It was preceded by a campaign lasting 78 days, and succeeded by a campaign lasting 155 days.

18.  DA PAM 672-1 shows that the 7th Cavalry Regiment was awarded the Bravery Gold Medal of Greece for the period 27 June 1950 to 27 July 1953 by Department of the Army General Order Number 2, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.  The applicant and his counsel contend that he should expeditiously be awarded the Purple Heart and the Good Conduct Medal and should have his records corrected to show these awards. 

2.  With respect to the Purple Heart, the applicant's DD Form 214 shows he suffered shrapnel wounds on 9 November 1951 as a result of a hostile explosive projective shell from a gun and/or mortar in Korea.  Additionally, the information from the hospital admissions card created by the OTSG for the year 1951 shows the applicant suffered a laceration wound in Korea as a result of hostile explosive 
projective shell from a gun and/or mortar and that he was admitted to the hospital for treatment on 10 November 1951.  Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

3.  With respect to the Good Conduct Medal, the available evidence of record confirms that the applicant served honorably during the period from 4 August 1950 through 3 August 1953.  He attained the rank of SGT/E-5, completed        11 months and 2 days of foreign service, and was awarded the Combat Infantryman Badge and (now) the Purple Heart.  Furthermore, his record is void of any lost time and/or NJP.  It appears it would 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.

4.  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.

5.  The evidence of record shows the applicant completed 3 years of active service, of which 11 months and 2 days of was foreign service; however, his DD Form 214 does not show how much of this period of foreign service was completed in Korea.  As he was wounded on 9 November 1951 and participated in two campaigns during his service in Korea, it is reasonable to presume he completed at least 30 consecutive days of his foreign service in Korea, thereby qualifying for award of Republic of Korea War Service Medal.  This award should be added to his DD Form 214.

6.  The applicant was a member of 2nd Battalion, 7th Cavalry Regiment during the Korean War and is entitled to have the Bravery Gold Medal of Greece added to his DD Form 214.

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 9 November 1951 in Korea, the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 August 1950 through 3 August 1953, the National Defense Service Medal, and the Republic of Korea War Service Medal; and 

	b.  adding the Purple Heart, the Good Conduct Medal (1st Award), the National Defense Service Medal, the Republic of Korea War Service Medal, and the Bravery Gold Medal of Greece to the awards that are currently shown on his DD Form 214.




      _______ _   _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)                                         AR20090012365



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ABCMR Record of Proceedings (cont)                                         AR20090012365



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