IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090019902


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.

2.  The applicant states he was wounded in action near Taejon, Republic of Korea (ROK) during July 1950.  He was first treated in Pusan, and then evacuated to a station hospital in Yokohama, Japan.  He was returned to his unit following his treatment and recuperation.  He states he never received his Purple Heart, nor was it entered on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant provides:

* Two hometown newspaper clippings reporting his wounding
* Two separate DD Forms 214 for the period ending 30 June 1951 and
21 June 1954.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant receive medals due him for his Korean War service.

2.  Counsel states the details of the applicant's wounding.

3.  Counsel provides the same documents listed above.



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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant was born on 31 August 1930 and first enlisted in the Regular Army (RA) for 3 years on 1 July 1948.  From September to November 1948, he completed Ordnance Corps training as a wheeled vehicle mechanic.  In or about August 1949, he was transferred to Japan for occupation duty with the
24th Infantry Division.

4.  On 25 June 1950, 10 divisions of the North Korean People's Army launched an attack into the ROK.  The 24th Division was the first unit called upon to respond and it deployed from Kyushu, Japan starting on 30 June 1950.  The applicant was sent to Korea with his unit, the 19th Infantry Regiment, for duty as an infantryman.

5.  The hometown newspaper clippings provided by the applicant state he was wounded in Korea on 26 July 1950 and he observed his 20th birthday (31 August 1950) in the hospital in Japan.

6.  In the processing of this case hospital admission card data obtained from the Office of The Surgeon General (SGO) of the Army shows the applicant was hospitalized on 22 July 1950 as a battle morbidity with a hand “wound, not elsewhere classified, missile, with no nerve or artery involvement.”  The causal agent was described as "explosive projectile shells from gun, mortar, etc:  Explosive projectile shells, unspecified, struck while on land."  This data also shows he was evacuated to Japan in August 1950, where he received medical treatment before returning to his unit in Korea in September 1950.

7.  The applicant provided two DD Forms 214.

a.  The DD Form 214 for the period 1 July 1948 to 30 June 1951 shows:

* in item 26 (Foreign and/or Sea Service), the entry 1 year, 10 months,
and 12 days [for his service in Japan and Korea]
* in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) his awards as the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, Korean Service Medal, and the ROK Presidential Unit Citation
* in item 29 (Wounds), the entry "N/A" indicating not applicable

   b.  The DD Form 214 for the period 1 July 1951 to 21 June 1954 shows:

* in item 19 (Date and Place of Entry into Active Service) the entry 1 July 1951 at Camp Chickamauga, Japan
* in item 26, the entry 10 months and 8 days
* in item 27, his awards as the Korean Service Medal, National Defense Service Medal, and the Army Good Conduct Medal

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  During the 1950's, the DD Form 214 was issued at the time of separation, which meant that every time a Soldier separated for the purpose of reenlisting, he/she would be issued a DD Form 214.  Furthermore, only awards and decorations earned during the period covered by the DD Form 214 were entered in Item 27.  Today Soldiers who reenlist do not receive a DD Form 214; only one form is issued when the Soldier actually leaves active service.  That form contains a record of all awards and decorations earned through the period(s) of active service.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army 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 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.

	b.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period of eligibility between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	c.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart and entry of that award on his DD Form 214.

2.  The SGO hospital admission card data shows the applicant was wounded by shrapnel and admitted to a hospital in Japan for treatment as a battle casualty.  Therefore, he is entitled to award of the Purple Heart and the addition of the Purple Heart to his DD Form 214.

3.  By virtue of his award of the Korean Service Medal, he is entitled to the United Nations Service Medal.  He is also entitled to the recently established Republic of Korea War Service Medal.  Therefore, these awards should be 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 him the Purple Heart for wounds received in action on 22 July 1950; and

	b.  amending his DD Form 214 for the period ending 21 June 1954 to show his awards as the Purple Heart, Army Good Conduct Medal, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal, United Nations Service Medal, Republic of Korea War Service Medal, Republic of Korea Presidential Unit Citation, Combat Infantryman Badge.



      __________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)                                         AR20090019902



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ABCMR Record of Proceedings (cont)                                         AR20090019902



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