IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100013894 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

2.  The applicant states he received shrapnel wounds to his leg.  The shrapnel is still moving around in his leg.

3.  The applicant provides copies of his DD Form 303A (Discharge from the Army of the United States), WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge), DD Form 214, DD Form 256A (Honorable Discharge Certificate), and a letter from the Service Officer of American Legion Post 76.

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 7 November 1950, the applicant was called to active duty for a period of 21 months.  He was subsequently assigned for duty in the Republic of Korea arriving in country on or about 16 February 1951.  

3.  The applicant was assigned to Company K, 19th Infantry Regiment on 
21 February 1951.

4.  An AGO Form 0365 (Battle Casualty Report), received in the Casualty Branch, Adjutant General's Office, on 11 May 1951, reported that the applicant had been slightly wounded in action on 20 April 1951in North Korea.  Medical documentation in his records diagnosed his wound as shell fragments in his left thigh.

5.  On 20 August 1951, the applicant was promoted to sergeant first class.

6.  On 19 October 1951, the applicant departed the Republic of Korea and arrived in Seattle, Washington, on 16 November 1951.

7.  On 27 November 1951, the applicant was released from active duty.  He had completed 1 year and 21 days of creditable active service during this period.  

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Combat Infantryman Badge and the Korean Service Medal with two bronze service stars.

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows "None."

10.  References:

	a.   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.

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

	c.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations (UN).  Award of the Korean Service Medal automatically establishes eligibility for award of the UN Service Medal.

	d.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Korea, he participated in the following three campaigns: First UN Counteroffensive, Chinese Communist Forces Spring Offensive, and the UN summer-Fall Offensive.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

	e.  Army Regulation 600-8-22 states that 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 prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The evidence clearly shows that on 20 April 1951 the applicant sustained shell fragment wounds in his left thigh as a result of enemy action in North Korea and that these wounds received medical treatment.  Therefore, he should be awarded the Purple Heart, and item 29 of his DD Form 214 should be amended to show he was wounded.

3.  Records show the applicant participated in three campaign periods during his service in the Republic of Korea.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Korean Service Medal.

4.  The applicant served on active duty during a qualifying period for award of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

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.  deleting from his DD Form 214 the Korean Service Medal with two bronze campaign stars;

	b.  awarding him the Purple Heart for wounds sustained in action on 
20 April 1951;

	c.  adding the following awards to his DD Form 214:  the Purple Heart, Korean Service Medal with three bronze service stars, National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal; and

	d.  showing in Item 29 of his DD Form 214: shell fragments in his left thigh, 
20 April 1951, North Korea.




      _______ _   __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)                                         AR20100013894



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ABCMR Record of Proceedings (cont)                                         AR20100013894



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