BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100007089 


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 Purple Heart (PH) and all other awards he is eligible for be added to his record and DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he was wounded in Korea on 23 March 1951 and never received the PH.  

3.  The applicant provides his DD Form 214 in support of his application.

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 record shows he enlisted in the Army and entered active duty on 28 June 1950.  His DA Form 24A (Service Record) shows he served in Korea with the Heavy Mortar Company, 24th Infantry Regiment, from 4 December 1950 through 8 October 1951.  

3.  The available record also contains medical treatment records that show the applicant was wounded in action on 23 March 1951 as a result of a shell fragment in his right hand.  He was treated for this wound at the 8th Army Medical Facility, 121st Evacuation Hospital, and the 3rd Station Hospital.  It also contains an Office of the Surgeon General (OTSG) Hospital Admission Record confirming the applicant was admitted to a medical treatment facility in Korea on 23 March 1951 and treated for a shell fragment wound to the right hand that was received as a result of enemy action.  

4.  Section 24 (Indorsements) of the applicant’s DA Form 24a shows he received “excellent” conduct and efficiency ratings and favorable Army Good Conduct Medal (AGCM) recommendations in Korea and at his last duty assignment at Fort Leonard Wood, Missouri.  The remaining conduct and efficiency ratings and AGCM recommendations are unknown.  

5.  On 27 June 1953, the applicant was honorably released from active duty, in the rank of sergeant, after completing 3 years of active military service.  Item 27 (Decorations, Awards, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the Korean Service Medal with 3 bronze service stars during his active duty tenure:  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains an entry indicating he received a shell fragment wound to his right hand on 23 March 1951 in Korea.  

6.  During the review of this case a member of the Board's staff reviewed the Korean War Casualty Roster.  This review revealed an entry pertaining to the applicant confirming he was wounded in action in Korea on 23 March 1951. 

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member of the Armed Forces of the United States wounded or killed in action after 5 April 1917.  Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM).  It states it is authorized for honorable active service for any period between 27 June 1950 and 27 July 1954.


8.  Paragraph 9-5 of the awards regulation contains guidance on the United Nations Service Medal (UNSM).  It states it is authorized for service in Korea between 27 June 1950 and 27 July 1954.  Paragraph 9-16 contains guidance on award of the Republic of Korea War Service Medal (ROKWSM) and states it is authorized for service in Korea between 25 June 1950 and 27 July 1953.

9.  Army Regulation 600-65, in effect at the time, stated 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the PH for being wounded in action in Korea has been carefully considered and found to have merit.  The evidence of record confirms he was wounded in action in Korea on 
23 March 1951, when he received a shell fragment wound to his right hand as a result of enemy action.  It also shows the wound required treatment, as evidenced by medical treatment documents and an OTSG Hospital Admission Record in his record.  Therefore, it would be appropriate to award the applicant the PH and to add it to his record and DD Form 214. 

2.  The available recommendations for the AGCM were favorable.  Therefore absent derogatory information in the available record or an unfavorable recommendation from any of his unit commanders it would be appropriate to award him the AGCM for his qualifying period of honorable active service from 
28 June 1950 through 27 June 1953, and to add this medal to his DD Form 214. 

3.  The evidence also shows based on his active duty service during a qualifying period, he is eligible for the NDSM and that based on his service in Korea he is eligible for the UNSM and ROKWSM.  Therefore, it would also be appropriate to add these medals to his DD Form 214. 

4.  As a matter of information, during the review of this case it was noted the applicant entered military service and primarily served using the spelling of his last name absent an "E" as the second letter as he lists in his application.  Some of the later medical treatment documents do use the letter "E" as the second letter of his last name; however, the last name primarily used during his military service and listed on his DD Form 214 and the Korean War Casualty Roster did not include the letter "E" as the second letter.  This could have been the reason the PH was not awarded to him at the time.  

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 being wounded in action in Korea on 
23 March 1951;

	b.  awarding him the Army Good Conduct Medal for his qualifying period of active service from 28 June 1950 through 27 June 1953; and 

	c.  amending item 27 of his DD Form 214 by adding the Purple Heart, Army Good Conduct Medal, National Defense Service Medal, United Nations Service Medal, and 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)                                         AR20100007089



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)