IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100011685 


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 the following information:

* item 10 (Date of Birth) – 1 December 1931
* item 17 (Means of Entry Other than by Induction) – voluntary extension, 1 year, July 1950
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Korean Service Medal with one silver service star
* Good Conduct Medal
* Army of Occupation Medal with Japan Clasp
* American Defense Service Medal

2.  The applicant states:

* he lied about his age and altered a sibling's birth certificate in order to enlist
* he voluntarily extended his enlistment for 1 year, which is not recorded on his DD Form 214
* service stars should be awarded for the five campaigns in which he participated from 31 July 1950 through 2 June 1951
* he served with the 5th Regimental Combat Team during all of these actions

3.  The applicant provides the following documents:

* Standard Form 180 (Request Pertaining to Military Records)
* letter, dated 25 July 2007, to the Department of Veterans Affairs
* letter, dated 7 September 2009, to the National Personnel Records Center (NPRC)
* letter, dated 7 March 2010, to NPRC

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.  On 22 December 1947, the applicant enlisted in the Regular Army for 3 years at 17 years of age with parental consent.  The Consent of Parents or Guardian was signed by his mother and she verified his date of birth as 9 June 1930.  He completed training as an engineer storage specialist.

3.  He was honorably discharged on 10 July 1952.  His DD Form 214 shows:

* item 10 – 9 June 1930
* item 17 – "involuntary extension 1 year, Public Law 51, 82nd Congress"
* item 27:

* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Combat Infantryman Badge

4.  On 12 January 2004, the applicant was notified by NPRC that he is also authorized the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation

5.  The applicant was also notified by NPRC that no records were found authorizing the Army of Occupation Medal or three bronze service stars to be affixed to his already-awarded Korean Service Medal.

6.  Information obtained from the hospital admission cards created by the Department of the Army Office of the Surgeon General (SGO) between 
1942-1945 and 1950-1954 for the year 1950 shows the applicant was in Korea when he was admitted to the hospital on 24 September 1950.  He was diagnosed with "fracture, compound, comminuted, with nerve involvement."  The applicant was in a duty status when he was injured, the injury was not as a result of misconduct, and the injury was the direct result of action against or by an organized enemy.  The causative agent is shown as "bullet, small arms, machine gun" and the applicant was struck while on land.  He was transferred to William Beaumont Army Hospital for orthopedic surgery.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

8.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  

9.  Army Regulation 600-8-22 states that a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 states the American Defense Service Medal is awarded for service within the American theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

11.  Army Regulation 600-8-22 states the National Defense Service Medal 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.

12.  Army Regulation 600-65 (Military Awards), 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 the 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 will 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.

13.  The SGO files, a health record research project, involved transposing the hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to NPRC.  The availability of the information to NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

14.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention regarding his date of birth has been noted.  However, his parental consent form and his enlistment contract show his date of birth as 9 June 1930.  This is the date he used when he enlisted in the Army and this is the date he used through his term of service.  The fact that he now has a desire to change the date of birth through his official record because he allegedly used another family member's information to gain entry into the Army is not a basis for granting the requested relief.

2.  As previously stated, the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release or discharge and he was using the date of birth shown on his DD Form 214 on the date of his discharge.



3.  The applicant's DD Form 214 shows he was involuntarily extended for 1 year and he provided no evidence that this statement is incorrect.  In the absence of evidence to the contrary, it must be presumed that the statement is correct as currently reflected.

4.  There is insufficient evidence to substantiate the applicant's contention that his DD Form 214 should be corrected to show he is authorized the Army of Occupation Medal with Japan Clasp and a silver service star to be affixed to his already awarded-Korean Service Medal.  He is clearly not eligible for the American Defense Service Medal.  Therefore, these awards should not be included on his DD Form 214.

5.  However, the available records do show that his DD Form 214 should be corrected to show he was awarded the Army Good Conduct Medal and the Republic of Korea Presidential Unit Citation.

6.  Based on the SGO files, he is also entitled to the Purple Heart and his DD Form 214 should be corrected to include 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 is 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: 

* awarding him the Purple Heart for a wound received as a result of enemy action on 24 September 1950 while serving in Korea in the rank of private first class (E-3)
* 
amending his DD Form 214 to add:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation

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 amending his DD Form 214 to show the following information:

* date of birth – 1 December 1931
* 1-year voluntary extension in July 1950, Schofield Barracks, Hawaii
* Army of Occupation Medal with Japan Clasp
* American Defense Service Medal
* silver service star to be affixed 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)                                         AR20100011685



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ABCMR Record of Proceedings (cont)                                         AR20100011685



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