BOARD DATE:	22 June 2010  

		DOCKET NUMBER:  AR20090021924 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 January 1954 to show award of the Purple Heart, the Combat Infantryman Badge, and the Army of Occupation Medal with Germany Clasp. 

2.  He states, in effect, that he was wounded by shrapnel in October 1952 while serving in Korea while assigned to Company D, 32nd Infantry Regiment, 7th Infantry Division.  The applicant states at that time he was told by his platoon leader that he was eligible for the Purple Heart.  The applicant told his platoon leader that he did not think his injury was severe enough and he did not want to worry his parents by being wounded in action.  The applicant further states that the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp were omitted from his DD Form 214 upon his separation from the military.

3.  The applicant provides his DD Form 214; Headquarters, 43rd Armored Infantry Battalion, Special Orders Number 177, dated 30 October 1951; Headquarters, 32nd Infantry Regiment, Special Orders Number 139, dated 19 June 1952; and a Combat Pay Certificate from Company D, 1st Battalion, 32nd Infantry Regiment, dated 26 March 1953.

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 his records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214; Headquarters, 43rd Armored Infantry Battalion, Special Orders Number 177; and Headquarters, 32nd Infantry Regiment, Special Orders Number 139.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 9 January 1951.  He served overseas for a period of 1 year, 9 months, and 6 days.  He was honorably separated on 12 January 1954 after completing 3 years of creditable active service.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons or Authorized) shows he was awarded the Korean Service Ribbon with two bronze service stars, the National Defense Service Medal, the United Nations Service Medal, and the Army of Occupation Medal with Japan Clasp.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "none."

5.  Headquarters, 43rd Armored Infantry Battalion, Special Orders Number 177, dated 30 October 1951, show the applicant was awarded the Army of Occupation Medal with Germany Clasp.

6.  Headquarters, 32nd Infantry Regiment, Special Orders Number 139, dated 19 June 1952, show the applicant was awarded the Combat Infantryman Badge.

7.  The applicant provided a Combat Pay Certificate, dated 26 March 1953, from Company D, 1st Battalion, 32nd Infantry Regiment, that shows he was qualified for combat pay for the periods 1 March 1953 through 8 March 1953 and 23 March 1953 through 26 March 1953.

8.  There are no general orders that show the applicant was awarded the Purple Heart.  There also is no evidence that show he was wounded or treated for wounds as a result of hostile action in Korea.  The applicant's name is not listed on the Korean Casualty Roster.

9.  The applicant's Army medical treatment records are unavailable.

10.  Army Regulation 600-8-22 (Military Awards) provides that 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.

11.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROKWSM) 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 ROKWSM.  To qualify for award of the ROKWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and have been on permanent assignment for 30 consecutive days or on temporary duty for 60 nonconsecutive 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.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Korea. 
This pamphlet shows that at the time of the applicant's assignment to the 32nd Infantry Regiment, 7th Infantry Division, it was awarded the Republic of Korea Presidential Unit Citation for the period 30 September 1950 through 27 July 1953 based on Headquarters, Department of the Army, General Orders Number 22, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Purple Heart.  There is no available evidence of record and the applicant has not provided any corroborating evidence, such as eyewitness accounts from his chain of command at the time or medical personnel who treated his wounds, that shows the applicant was wounded or treated for wounds as a result of hostile action.

2.  Regrettably, in the absence of military records which show the applicant was treated for wounds as a result of hostile action, there is insufficient bases for award of the Purple Heart in this case.
3.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.  He met the eligibility criteria for award of the ROKWSM.  Therefore, his DD Form 214 should be amended to add these awards.

4.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Korea Presidential Unit Citation.  His DD Form 214 should be amended to add this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x___  _____x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add award of the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp, the ROKWSM, and the Republic of Korea Presidential Unit Citation.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      ___________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)                                         AR20090021924



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021924



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1