IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019101 


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 that the records of his deceased brother, a former service member (FSM), be corrected to show he was awarded two awards of the Purple Heart.

2.  The applicant states the FSM was wounded on 4 October 1951 and returned to duty on 17 October 1951.  The FSM was killed on 2 November 1951.

3.  The applicant provides a document titled "Korean War Project Remembrance," a Report of Death, and a Report of Interment.

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 FSM'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 the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of his case.

3.  The available evidence indicates the FSM was:

	a.  an infantryman assigned to Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

	b.  killed in action on 2 November 1951 in the Korean Theater of Operations.

	c.  posthumously awarded the Bronze Star Medal with "V" (Valor) Device which was to be presented to his father.

4.  In connection with the processing of this case, a member of the Board's staff researched the Korean War Casualty Roster.  This database shows the FSM was wounded in action on 7 June 1951, 4 October 1951, and was killed in action on 2 November 1951.

5.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  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.

	b.  there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	c.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.



	d.  a bronze service star is worn on the appropriate service ribbon, to include the Korean Service Medal, for each credited campaign;  appendix B of this regulation shows the campaigns for the Korean conflict as follows:

* UN Defensive (27 June – 15 September 1950)
* UN Offensive (16 September – 2 November 1950)
* CCF Intervention (3 November 1950 – 24 January 1951)
* First UN Counteroffensive (25 January – 21 April 1951)
* CCF Spring Offensive (22 April – 8 July 1951)
* UN Summer-Fall Offensive (9 July – 27 November 1951)
* Second Korean Winter (28 November 1951 – 30 April 1952)
* Korea Summer-Fall 1952 (1 May – 30 November 1952)
* Third Korean Winter (1 December 1952 – 30 April 1953)
* Korea Summer 1953 (1 May – 27 July 1953)

	e.  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.  

	f.  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.

	g.  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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War.  This pamphlet shows the 7th Cavalry Regiment, 
1st Cavalry Division was cited for the Distinguished Unit Citation for the period 
3 - 12 October 1951 by Department of the Army General Orders Number 74, dated 1952.


DISCUSSION AND CONCLUSIONS:

1.  The FSM was a Soldier serving on active duty during the Korean War.  He was an infantryman assigned to Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division.  He was killed in action on 2 November 1951.

2.  The Korean War Casualty Roster shows the FSM was wounded in action on two separate occasions prior to being killed in action on 2 November 1951.  Therefore, his records should be corrected to show three awards of the Purple Heart.

3.  The available evidence shows the FSM was awarded the Bronze Star Medal with "V" Device.  His records should be corrected to show this award.

4.  The FSM was assigned to a cavalry unit during the Korean conflict; however, he was assigned to Company C, 1st Battalion, 7th Calvary Regiment.  Because he was assigned to a company, as an infantryman, performing infantry duties, it can be assumed he was assigned to a rifle company.  Additionally, he was wounded in action twice prior to being killed in action.  Furthermore, he was awarded the Bronze Star Medal for valor.  It is evident he actively participated in ground combat and should be awarded the Combat Infantryman Badge.

5.  The FSM served a period of qualifying service for award of the Korean Service Medal.  Based on the fact that the majority of his records are not available, the FSM's date of arrival to the Korean Theater of Operations cannot be established; however, there is sufficient evidence to conclude that he participated in at least two campaigns, CCF Spring Offensive and UN Summer-Fall Offensive.  Therefore, his records should be corrected to show the Korean Service Medal with two bronze service stars.

6.  The FSM also served a period of qualifying service for awards of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  These awards should also be added to his records.

7.  Evidence shows the 7th Cavalry Regiment, 1st Cavalry Division was cited for award of the Distinguished Unit Citation during his assignment to this unit.  Therefore, his records should be further corrected to show this unit award.

8.  Because he was killed in action, the Army did not create a separation document for the FSM.  This document would have listed all awards and decorations to which the FSM was entitled.

9.  In the absence of a separation document on which to record the FSM's awards, the applicant should be provided a statement showing all of the awards the FSM is authorized.

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 preparing an appropriate document showing the FSM was entitled to three awards of the Purple Heart, the Bronze Star Medal with "V" Device, the Combat Infantryman Badge, the Korean Service Medal with two bronze service stars, the National Defense Service Medal, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Distinguished Unit Citation.




      _______ _   __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)                                         AR20100019101



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ABCMR Record of Proceedings (cont)                                         AR20100019101



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