IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100011170 


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 records to show award of the Purple Heart.

2.  The applicant states, in effect, he is entitled to award the Purple Heart due to being wounded in action (WIA).

3.  The applicant submits the following documents in support of his application:

* DD Form 214 (Report of Separation from the Armed Forces of the United States) 
* WD AGO From 8-26 (Emergency Medical Tag)

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 available records show the applicant was inducted into the Army of the United States (AUS) on 12 June 1951.  

3.  The applicant's DD Form 214 shows:

* he held MOS (military occupational specialty) 1745 (infantryman)
* he served 11 months and 23 days of foreign service
* his most significant unit assignment was 32nd Infantry Regiment, 7th Infantry Division, Korea
* he was awarded the Combat Infantryman Badge, Korean Service Medal with 1 bronze service star, and the United Nations Service Medal
*  item 29 (Wounds) contains the entry "NONE"
* he was honorably separated as a corporal on 11 March 1953
* he completed 1 year and 9 months of active service and he had no lost time

4.  The applicant submitted a copy of a WD AGO Form 8-26, dated 25 October 1952, that shows he was tagged as a casualty on 25 October 1952 at 1035 hours; this date coincides with the Battle of Triangle Hill (Hill 598), near the Korean village of Kumhwa.  This form shows the applicant was WIA due to fragmentation wounds (FW) to his right buttocks.  The form confirms the applicant was wounded in the line of duty and indicates he is entitled to the Purple Heart (ETPH).  This form is signed by a Captain, Medical Corps.

5.  The Korea Casualty Roster does not contain the applicant's name.

6.  Army Regulation 600-8-22 (Military Awards) sets forth the Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  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 required medical treatment
* the medical treatment was made a matter of official records

   b.  The National Defense Service Medal was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

	c.  The Army Good Conduct Medal was governed by Army Regulation 600-65 during the Korean War era.  It 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.  

	d.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) 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.  To qualify for award of the ROK-KWSM, 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 non-consecutive 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.  The applicant requests award of the Purple Heart.

2.  The applicant provides a WD AGO Form 8-26 that was authenticated by an Army physician and clearly states the applicant was WIA and entitled to the Purple Heart.  Based on this evidence it would be appropriate to award him the Purple Heart and correct his DD Form 214 to show this award.

3.  The applicant served 1 year and 9 months of creditable service in the AUS.  He rose to the rank of corporal, had no lost time, and he was awarded the Combat Infantryman Badge.  He was honorably separated.  All of these indicators point to him being a good Soldier.  Although his conduct and efficiency ratings are not known it is obvious he performed in an excellent manner.  Therefore, he should be awarded the Army Good Conduct Medal.

4.  The applicant is also entitled to award of the National Defense Service Medal and the Republic of Korea War Service Medal.


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 on 25 October 1952;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period   12 June 1951 through 11 March 1953;

	c.  adding the Purple Heart, Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea War Service Medal to his DD Form 214; and

	d.  amending item 29 of his DD Form 214 to show he was wounded on        25 October 1952




      
      ____________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)                                         AR20100011170



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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