IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019592 


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 award of the Purple Heart (PH) and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the PH and the Combat Medical Badge (CMB).

2.  He states that during the Korean War, he was assigned to the Medical Company of the 279th Infantry Regiment, 45th Infantry Division, as a medical aidman.  While attending to wounded personnel on the battlefield, he sustained a lower back injury and shrapnel wounds to his arms.  He was treated for his wounds at Tokyo Army Hospital in 1952.

3.  He provided copies of:

* his birth certificate
* two photographs of himself 
* one photograph of his Geneva Convention Red Cross brassard
* his DD Form 214
* his DD Form 217A (Certificate of Service)
* an official name change document
* an Honorable Discharge Certificate 
* various identification cards

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.  His 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 that the applicant'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 this case.

3.  His available record shows he was inducted into the Army of the United States on 11 January 1952.  He served in military occupational specialty 4123 (Medical Aidman).

4.  His DD Form 214 shows the following entries:

* item 26 (Foreign and/or Sea Service) – 1 year, 2 months, and 14 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Korean Service Medal with two bronze service stars
* Combat Infantryman Badge (CIB)
* United Nations Service Medal
* National Defense Service Medal

* item 28 (Most Significant Duty Assignment) – Medical Company, 279th Infantry Regiment
* item 29 (Wounds Received as a result of Action with Enemy Forces) - NA

5.  His DD Form 214 shows he was honorably released from active duty on 21 September 1953 after serving 1 year, 8 months, and 11 days of active service.

6.  A review of the Korea Casualty Files does not show the applicant's name listed among those wounded.

7.  There are no general orders in the available records which show he was awarded the PH or CMB.

8.  A copy of the Office of the Surgeon General (OTSG) Hospital Admission data record, created on 17 August 2010, shows he was hospitalized in the Tokyo Army Hospital for a total of 18 days in January 1953.  He had sustained injuries to his lower extremities that were the direct result of enemy action.

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  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.  Specific requirements state that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

10.  Army Regulation 600-8-22 provides the criteria for award of the CMB.  It states the CMB was created by the War Department on 1 March 1945.  Its evolution stemmed from a requirement to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with infantry Soldiers.  As with the CIB, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat.  The medical personnel must be personally present and under fire to be eligible for award of the CMB.

11.  Army Regulation 600-8-22 states the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must have been provided to verify the wound was the result of hostile action, the wound required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Korea.  This pamphlet shows that at the time of the applicant's assignment to the 279th Infantry Regiment, 45th Infantry Division, the unit was awarded the Republic of Korea (ROK) Presidential Unit Citation (PUC) for actions from 10 December 1950 to 31 July 1953 by Department of the Army General Orders Number 30, dated 1954.

13.  The Government of Korea issued the ROK War Service Medal (ROKWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the ROK and the free world.  The Department of Defense approved acceptance and wear of the ROKWSM.  To qualify for award of the ROKWSM, 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 nonconsecutive 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 medical evidence of record shows he was wounded as a result of hostile action in January 1953.  He was hospitalized and treated for his wounds and the medical treatment was made a matter of record as shown in the OTSG Hospital Admission data record.  He is therefore entitled to award of the PH and to have this awarded added to his DD Form 214.

2.  Item 29 of his DD Form 214 does not contain an entry to show he was wounded.  The information contained in the OTSG Hospital Admission data record is sufficient as a basis for amending this item to show he received wounds to his lower extremities in January 1953.

3.  The available evidence indicates he was assigned duties as a medical aidman during the Korean War and was assigned to the 279th Infantry Regiment.  It is apparent he was personally present and under fire due to injuries he sustained as a result of hostile action.  Therefore, there is sufficient evidence to award him the CMB based on the qualification period for award of the PH.

4.  It appears an administrative error was made when preparing his DD Form 214 that resulted in the CIB being entered in item 27 as opposed to the entry of the CMB.  The applicant makes no claim to being an infantryman.  Since the CMB is the equivalent of the CIB, it would be appropriate at this time to remove the CIB from the applicant's DD Form 214.

5.  The evidence of record shows the 279th Infantry Regiment was awarded the ROK PUC during his assignment to this unit.  Therefore, it would be appropriate to correct his records to show this unit award.

6.  He served in the ROK during a qualifying period for award of the ROKWSM.  Therefore, he is entitled to correction of his records to show this foreign award.



BOARD VOTE:

___X_____  __X_____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented Is 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 PH for wounds received as a result of hostile action in January 1953 while serving in Korea,

	b.  awarding him the CMB for action in the ROK in January 1953,

	c.  amending item 27 of his DD Form 214 to add the:

* PH
* CMB
* ROK PUC
* ROKWSM

	d.  amending item 27 of his DD Form 214 to delete the CIB, and

	e.  deleting the entry "NA" from item 29 of his DD Form 214 and adding the entry "Korea, January 1953."



      _______ _ 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)                                         AR20100019592



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ABCMR Record of Proceedings (cont)                                         AR20100019592



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