BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090019656


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 the "unsigned DD Form 214 [Report of Separation from the Armed Forces of the United States] provided [him] by the National Personnel Records Center [NPRC]" be corrected to show all of his awards and decorations.

2.  The applicant states he would like any medals and entitlements he earned for his service in the Korean War.  In a letter from his Representative in Congress, the Member of Congress (MC) states the NPRC found two versions of the applicant's DD Form 214 and observed a discrepancy between the awards listed. The MC requests the applicant's DD Form 214 be corrected and that he be issued his medals.

3.  The applicant provides:

* Two copies of his DD Form 214 showing his medals
* One copy of the DD Form 214 which does not show all of his medals
* A copy of a Casualty Report showing he was shot in the buttocks on 6 February 1951

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.  With 2 years, 1 month, and 2 days of prior service, the applicant was recalled to active duty from the Enlisted Reserve Corps (ERC) on 20 October 1950.  He was released from active duty to the ERC on 3 December 1951.

4.  The applicant's records contain two DD Forms 214.  The forms are identical as to the following information:

* Name, Service Number, and Grade
* Component – ERC Infantry
* Military Occupational Specialty (MOS) – 4745 (Light Weapons Infantry)
* Two months and six days service in Korea – on or about 1 December 1950 to on or about 6 February 1951
* Most Significant Assignment – Company G, 19th Infantry Regiment
* Wounded in Action on 6 February 1951
* Fourteen days of lost time under 10 U.S.C. §1579

5.  The versions of the applicant's DD Form 214 differ in two respects – one is signed and the other is unsigned by the applicant, and they contain different awards, as follows:

Unsigned DD Form 214
Signed DD Form 214
* Korean Service Medal (KSM)
* Korean Service Medal/Ribbon

* Combat Infantryman Badge

* Purple Heart

* Army of Occupation Medal/Japan

* UN Service Medal

* 2 Bronze Service Stars for KSM
6.  The applicant's records contain proof, a casualty report, that shows he was wounded in action.  His wound required his medical evacuation through Tokyo to the United States and Valley Forge Army Hospital, Valley Forge, PA.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Additionally, award of bronze service stars, based on qualifying service for each campaign listed in Appendix B of this regulation, are authorized to be worn on the Korean Service Medal.  There were 2 campaigns during the applicant's service in Korea – Chinese Communist Forces (CCF) Intervention and First United Nations (UN) Counteroffensive.

	b.  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 required medical treatment
* The medical treatment was made a matter of official record.

   c.  The period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	d.  The Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

	e.  The National Defense Service Medal was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954 during the Korean War era.



	f.  The Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Qualifying service in Japan included service in the Japanese Home Islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.

	g.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, a complete and correct DD Form 214 showing all of the awards and decorations he earned during the Korean War.

2.  The applicant's records contain two DD Forms 214 which are identical except for Block 48 (Signature) and Block 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  For reasons explained below, the signed version appears to be correct.

3.  The applicant served in Korea as an infantryman assigned to an infantry company.  On 6 February 1951, he was wounded in action when he was shot in the buttocks by the enemy; his records and both his DD Forms 214 reflect his wounding.  He is therefore authorized the Purple Heart for his documented wound; the signed DD Form 214 reflects the Purple Heart.

4.  The applicant's wound also proves that, as an infantryman in an infantry company, he was engaged in actual combat against the enemy.  This proves entitlement to the Combat Infantryman Badge.  Again, the signed DD Form 214 reflects the Combat Infantryman Badge.

5.  Both of the applicant's DD Forms 214 show he was awarded the Korean Service Medal.  By virtue of that award, he is also entitled to award of the United Nations Service Medal which is reflected on the signed DD Form 214.

6.  The applicant's DD Forms 214 show he served 2 months and 6 days of foreign service and he received the Army of Occupation Medal with Japan Clasp.  If 6 February 1951 is used as the date of his departure from Korea, and if he served in Japan for the requisite 30 consecutive days required for award of the Army of Occupation Medal, he would have served in Korea from 1 January 1951 through 6 February 1951.  This would have also entitled him to wear 2 bronze service stars on his Korean Service Medal – CCF Intervention (3 November 1950 to 24 January 1951) and First UN Counteroffensive (25 January 1951 to 21 April 1951).

7.  The applicant served on active duty during the period from 27 June 1950 to 27 July 1954; he is entitled to award of the National Defense Service Medal.

8.  All Korean War veterans are entitled to award of the new Republic of Korea War Service Medal.

BOARD VOTE:

___x_____  ____x____  __x __  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a new DD Form 214, identical in all respects to the two versions (signed and unsigned) in existence, but with the following corrections:  in Block 27, show the Purple Heart, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal with 2 bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, and Combat Infantryman Badge.



2.  The Board further recommends that the individual concerned be issued all of the above awards, decorations, and badges.




      _______ _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)                                         AR20090019656



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ABCMR Record of Proceedings (cont)                                         AR20090019656



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