IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008338 


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 not awarded the Purple Heart for wounds he received in combat.

3.  The applicant provides two DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods ending 19 December 1951 and 4 April 1955; a Morning Report from Battery C, 17th Field Artillery Battalion, dated 23 December 1950; and a National Archives and Records Administration (NARA) Korean War Casualty File record display.

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 two DD Forms 214; a Morning Report from Battery C, 17th Field Artillery Battalion; and a NARA Korean War Casualty File record display.

3.  The applicant enlisted in the Regular Army on 15 July 1948 and successfully completed basic and advanced individual training.  He was awarded military occupational specialty 4641 (Field Wireman).

4.  The applicant provided a Morning Report from Battery C, 17th Field Artillery Battalion, dated 23 December 1950, which shows the applicant was assigned to the 21st  Medical Clearing Company effective 19 December 1950.

5.  The NARA Korean War Casualty File shows that on 19 December 1950 the applicant was seriously wounded in action by an enemy missile while assigned to the 17th Field Artillery Battalion.  He was returned to duty on 30 January 1951.

6.  On 19 December 1951, the applicant was discharged for immediate reenlistment on 20 December 1951.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 for the period ending 19 December 1951 shows the entry "NONE."  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized or Awarded) shows:

* Korean Service Medal with three bronze service stars – 25 August 1950
* two bronze service stars – 2 November 1950

8.  On 20 December 1951, the applicant reenlisted.  On 4 April 1955, he was discharged from active duty and issued bad conduct discharge.

9.  The applicant's DD Form 214 for the period ending 4 April 1955 shows he was awarded:

* National Defense Service Medal
* Korean Service Medal with three bronze service stars
* United Nations Service Medal

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

11.  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, and the medical treatment must have been made a matter of official record.  

12.  Army Regulation 600-8-22, paragraph 5-9, contains the regulatory guidance for the Korean Service Medal.  It states that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.  A silver service star will be worn instead of five bronze service stars.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign participation credit received by units serving during the Korean War.  This pamphlet shows the 17th Field Artillery Battalion was awarded the Republic of Korea Presidential Unit Citation for the period 19 September 1950 through 31 July 1951 by Department of the Army General Order Number 41, dated 1955.

14.  Special Regulation 135-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service at the time of the applicant's reenlistment in December 1951.  In pertinent part, it stated that a DD Form 214 would be furnished to all enlisted personnel separated from active military service for any reason.  Paragraph 13 prescribed the preparation of the DD Form 214 for Soldiers being separated from the Armed Forces.  It stated to enter decorations or citations received during the period covered by the DD Form 214 in item 27 and authority for each.  Authority for service medals need not be entered.

15.  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 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.


DISCUSSION AND CONCLUSIONS:

1.  There are no service personnel records for the applicant which show that he was awarded the Purple Heart.  However, the applicant submitted a NARA Korean War Casualty File record display that shows he was wounded from a missile by enemy action on 19 December 1950 and a Morning Report from Battery C of the 17th Field Artillery Battalion that shows he was treated for his wounds.  The evidence provided by the applicant is accepted as sufficient to show he is entitled to award of the Purple Heart for wounds sustained during hostile action on 19 December 1950 in Korea.

2.  Since the applicant has two DD Forms 214 for the periods ending 19 December 1951 and 26 February 1955, each document should be corrected in accordance with regulatory requirements at the time.  Special Regulation 
615-360-1, in effect at that time, stated to enter decorations or citations received during the period covered by the DD Form 214.  Therefore, the applicant's DD Form 214 for the period ending 19 December 1951 should be corrected to show award of the Purple Heart.  In addition, item 29 of this DD Form 214 should be corrected to show he was wounded on 19 December 1950 in Korea.

3.  His DD Form 214 for the period ending 19 December 1951 further shows he participated in five campaigns.  Therefore, his DD Form 214 should be corrected to show award of one silver service star to be worn with his Korean Service Medal.

4.  The applicant was assigned to a unit during a period of time it was awarded the Republic of Korea Presidential Unit Citation.  Therefore, his DD Form 214 for the period ending 26 February 1955 should be corrected to add this unit award.

5.  The applicant's DD Form 214 for the period ending 26 February 1955 shows he was awarded three bronze service stars.  However, the evidence shows he participated in five campaigns.  Therefore, he is entitled to correction of his records to show one silver service star instead of three and two bronze service stars for wear on the Korean Service Medal.

6.  The applicant met the eligibility criteria for award of the ROKWSM.  Therefore, his DD Form 214 for the period ending 26 February 1955 should be amended to add 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 wounds received in action on 19 December 1950;

	b.  deleting from item 27 of his DD Form 214 for the period ending 19 December 1951:

* Korean Service Medal With Three Bronze Stars – 25 August 1950
* Two Bronze Service Stars – 2 November 1950

	c.  amending item 27 of his DD Form 214 for the period ending 19 December 1951 to add:

* Purple Heart
* one silver service star to be added to his already-awarded Korean Service Medal

	d.  amending item 29 of his DD Form 214 for the period ending 19 December 1951 to delete the entry, "NONE" and t add "KOREA 19 December 1950;

	e.  deleting the Korean Service Medal and three bronze campaign stars from item 27 of his DD Form 214 for the period ending 4 April 1955; and

	f.  amending item 27 of his DD Form 214 for the period ending 4 April 1955 to add:

* Republic of Korea Presidential Unit Citation
* Republic of Korea War Service Medal
* one silver service star to be added to his already-awarded Korean 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)                                         AR20100008338



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)