IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100007923 


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, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect:

* all of his authorized awards
* that he is entitled to be awarded the Good Conduct Medal (GCMDL)
* that his most significant unit was B Company, 23rd Infantry Regiment
* that he was wounded in Korea on 8 March 1951

2.  The applicant states, in effect, that his DD Form 214 does not reflect  all of his authorized awards and he was told that he would be awarded the GCMDL but he never received it.

3.  The applicant provides:

* a copy of his DD Form 214
* a copy of orders awarding him the Purple Heart for wounds received in action in Korea on 8 March 1951 while serving in B Company, 23rd Infantry Regiment.
* An article on the 23rd Infantry Regiment Combat Team

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 to conduct a fair and impartial review of this case.

3.  The applicant was serving in the rank of corporal in the Enlisted Reserve Corps (ERC), now known as the United States Army Reserve, when he was ordered to active duty at Fort Lewis, Washington, on 18 October 1950.

4.  On 12 April 1951, General Orders Number 10 awarded the applicant the Purple Heart for wounds received in action in Korea on 8 March 1951 while assigned to the 23rd Infantry Regiment.

5.  On 23 July 1951, he was honorably released from active duty (REFRAD) at Fort Custer, Michigan and was transferred back to the ERC.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Korean Service Medal and the Combat Infantryman Badge.  It also shows in block 28 that his most significant unit of assignment was Headquarters Company, 10th Corps and in block 29, under Wounds Received as a Result of Action with Enemy Forces, the entry “None.”  His DD Form 214 shows that he had no lost time.  He had served 9 months and 6 days of total active service of which 7 months and 10 days were served overseas.

6.  On 4 September 1997, the Army Reserve Personnel Center (ARPERCEN) in St. Louis, Missouri issued a DA Form 1577 (Authorization for Issuance of Awards) authorizing the issuance of medal sets for:

* The Purple Heart
* The Good Conduct Medal
* The Presidential Unit Citation (PUC)
* The Korean Service Medal
* The Combat Infantryman Badge
* The United Nations Service Medal
7.  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 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.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

9.  Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) 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 between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

10.  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.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register-Korean War Era), Table 1 (Army Units in Numerical Order), indicates that subsequent to the applicant's separation, the 23d Infantry Regiment was awarded the Distinguished Unit Citation, which is now known as the Presidential Unit Citation (PUC), for the period he was assigned to the unit.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant was clearly awarded the Purple Heart for wounds received in action against enemy forces in Korea on 8 March 1951.  Accordingly, his records should be corrected at this time to reflect his award of the Purple Heart and his wounds received in Korea on 8 March 1951.

2.  The evidence of record also shows that the applicant is entitled to awards of the NDSM, the UNSM, the ROKWSM and the PUC and to have them added to his records as well.

3.  The applicant’s contention that his most significant unit of assignment was Company B, 23rd Infantry Regiment has been noted and appears to have merit.  The applicant was wounded and was awarded the Purple Heart while assigned to that unit.  Accordingly, his records should be corrected (block 28 of his DD Form 214) to show that his most significant unit of assignment was “Company B, 23rd Infantry Regiment.”

4.  Although the applicant was authorized to be issued a GCMDL set by ARPERCEN, the regulation regarding the award of the GCMDL required that individuals must serve on active duty for a minimum of 1 year for the first award.  However, the applicant was only on active duty for 9 months and 6 days.  Accordingly, he does not qualify for award of the GCMDL and there is no basis to add that award to his records at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X__  ____X___  ____X___  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 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 the Purple Heart, the PUC, the United Nations Service Medal, the National Defense Service Medal, and the ROKWSM
* Showing in block 29 the entry “8 March 1951 – Korea”
* Showing in block 28 of his DD Form 214 that his most significant unit of assignment was “Company B, 23rd Infantry Regiment” instead of “HQ CO 10TH CORPS” as currently reflected.

2.  The Board further determined that 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 awarding him the GCMDL or adding it to his records.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20100007923





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)