IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100008985 


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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his service in Korea and any awards and decorations associated with this service.

2.  The applicant states he served in Korea and was awarded the Purple Heart and the Combat Infantryman Badge.

3.  The applicant provides copies of the following documents:

* his Veterans Administration certification of disability compensation
* a letter from the National Personnel Records Center
* orders awarding him the Purple Heart

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 his 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.  His DD Form 214 shows he enlisted in the Regular Army for a period of 3 years on 14 April 1948.  This form also shows that at the time of separation he held military occupational specialty 3795 (Tank Crewman) and his most significant assignment was with Company B, 87th Reconnaissance Battalion.

4.  His DD Form 214 shows he completed 4 years of creditable military service during this period, of which 1 year, 4 months, and 24 days was foreign service.  However, there is no indication of the exact location of his foreign service.

5.  He was honorably discharged in the rank/grade of corporal/E-4 on 24 July 1952 after having been extended in the Army by 1 year.  His DD Form 214 shows the following entries:

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army of Occupation Medal (Japan), the Combat Infantryman Badge, and the Purple Heart.

	b.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he suffered small fragment wounds to both legs on 16 September 1950.

6.  Headquarters, Osaka Army Hospital, Japan, General Orders Number 6, dated 21 September 1950, awarded him the Purple Heart for wounds received in action on 16 September 1950 near Taegu, Korea, while assigned to Company C, 23rd Infantry Regiment, 2nd Infantry Division.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 26 (Foreign and/or Sea Service) of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 under any of the following conditions:  within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander in Chief, Far East (CINCFE), other than one within the territorial limits of Korea, which has been designated by the CINCFE, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the CINCFE, testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, air group, or comparable or higher unit testifying to such combat credit.

	b.  The United Nations Service Medal 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.

	c.  The Republic of Korea War Service Medal 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	d.  the National Defense Service Medal was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Korea and all appropriate awards and decorations.

2.  His reconstructed records do not show the exact dates of arrival to and departure from Korea.  The only available documentary evidence that he served in Korea is the general order issued in Osaka on 21 September 1950 awarding him the Purple Heart for wounds received in action on 16 September 1950 near Taegu, Korea.

3.  It appears after he was wounded, and he was transferred to Osaka, Japan, for treatment subsequent to his injury.  Although he completed 1 year, 4 months, and 24 days of foreign service, there is no indication of the exact location of his foreign service and there was no regulatory requirement to make such an annotation on the DD Form 214

4.  Nevertheless, having been wounded in combat near Taegu, Korea, and awarded combat decorations in the form of the Purple Heart and the Combat Infantryman Badge, it is reasonable to presume he met the requirements for award of the Korean Service Medal, the United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his records to show these awards.

5.  Additionally, having served in Korea on 16 September 1950 at a minimum indicates he participated in at least one campaign and should be entitled to a bronze service star to be affixed to the Korean Service Medal.

6.  The evidence of record shows the applicant entered active duty on 14 April 1948 and was honorably discharged on 24 July 1952.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show 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 adding to his DD Form 214 the Korean Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal.

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 listing his Korea service on his DD Form 214.



      __________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)                                         AR20100008985



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ABCMR Record of Proceedings (cont)                                         AR20100008985



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