BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090020408 


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 correction of his record to show he was awarded the Purple Heart.

2.  The applicant states he was wounded in the Korean War, which is indicated on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant provides a copy of his DD Form 214.

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.  A WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows the applicant was inducted into the Army of the United States and entered active duty on 16 February 1945.  He was honorably discharged on 13 December 1946.

3.  A WD AGO Form 24A (Service Record) shows the applicant continued his service in the Enlisted Reserve Corps and was ordered to active duty on 
21 September 1950.  This document also shows he arrived in Korea on 
11 February 1951; was assigned to Company K, 38th Infantry Regiment; and departed Korea on 3 November 1951. 

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 December 1951.  

5.  The applicant's DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, and the Distinguished Unit Citation.

6.  The applicant's DD Form 214 shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) he was lightly wounded in action in the left hand, left leg, and right elbow on 15 March 1951.

7.  The applicant's record includes a hospital admission card showing he received medical treatment for wounds he received as a result of enemy action on 15 March 1951.  

8.  The record is void of documentation showing the applicant was awarded the Purple Heart.  

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his WD AGO Form 53-55 or his DD Form 214.

11.  The applicant's record shows he entered active duty as a corporal on 
21 September 1950 and was promoted to master sergeant on 10 September 1951.  The record is void of any derogatory information pertaining to his service from 21 September 1950 to 11 December 1951. 

12.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 
27 August 1940, for first award only, 1 year served entirely during the period 
7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 38th Infantry Regiment was credited with participation in the following campaigns while the applicant was assigned to the unit:

* First UN Counteroffensive
* CCF Spring Offensive
* UN Summer-Fall Offensive

14.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  This regulation states authorized bronze service stars will be worn on the appropriate campaign or service medal including the Korean Service Medal.

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.  Department of the Army Pamphlet 672-1 shows while the applicant was assigned to the 38th Infantry Regiment, the unit was twice awarded the Republic of Korea Presidential Unit Citation as announced in Department of the Army General Orders (DAGO) 10, 1954, and DAGO 41, 1955.

17.  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's request for correction of his record to show he was awarded the Purple Heart is supported by the evidence.  

2.  The record shows the applicant was hospitalized for treatment of wounds sustained as a result of enemy action.  He is entitled to correction of his record to show award of the Purple Heart. 

3.  Although the applicant's conduct and efficiency ratings cannot be verified, the available records show he was promoted to master sergeant on 10 September 1951, less than 1 year after entering active duty as a corporal.  It is reasonable to presume, given his rapid advancement in rank, that he had “excellent” conduct and efficiency ratings and therefore should have been awarded the AGCM for his service from 21 September 1950 to 11 December 1951.  Accordingly, it would be in the interest of justice to do so at this time.  

4.  The record shows the 38th Infantry Regiment received credit for participation in three campaigns while the applicant was assigned to the unit.  Any reasonable doubt concerning the applicant's participation during these campaigns should be resolved n his favor.  Accordingly, he is entitled to correction of his record to show award of three bronze service stars for wear on the Korean Service Medal.

5.  The applicant served honorably on active duty during a period authorized for award of the National Defense Service Medal.  He is entitled to correction of his record to show this award.

6.  The applicant was assigned to the 38th Infantry Regiment during the period for which the unit was twice awarded the Republic of Korea Presidential Unit Citation.  He is entitled to correction of his record to show this award.

7.  The applicant's service meets the criteria for award of the ROK-KWSM.  He is entitled to correction of his record to show this award.







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 injuries incurred on 15 March 1951,

	b.  awarding him the Army Good Conduct Medal for the period 21 September 1950 through 11 December 1951,

	c.  deleting the Korean Service Medal with two bronze service stars from his 
DD Form 214, and 

	d.  adding the following to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal
* Korean Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation
* Republic of Korea War Service Medal




      _______ _   __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)                                         AR20090020408





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ABCMR Record of Proceedings (cont)                                         AR20090020408



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