IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021204


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 a second award of the Purple Heart.

2.  The applicant states he arrived in Korea on 2 July 1953.  He was awarded the Bronze Star Medal for actions which occurred on 15 July 1953.  He was awarded the Silver Star for actions which occurred on 16 July 1953, during the time he was wounded.  He claims he was wounded (twice).

3.  The applicant provides:

* a statement dated 2 June 2010
* a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a copy of a Western Union Telegram to his mother stating he had been seriously wounded on 16 July 1953
* General Orders Number 670, Headquarters, 45th Infantry Division, Korea, dated 15 December 195X) [illegible] awarding him the Bronze Star Medal with "V" Device
* General Orders Number 552, Headquarters, 45th Infantry Division, Korea, dated 26 September 1953, awarding him the Silver Star

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 applicant’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 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.  The applicant was a U.S. Army Reserve Second Lieutenant (2LT), Infantry.  He saw active service from 7 August 1952 through 2 December 1953.  During his active service, he was overseas 6 months and 3 days.

4.  The applicant was awarded the Bronze Star Medal with "V" Device for heroism in action.  The citation states:

Lieutenant [applicant], a member of an infantry company, is cited for heroism in action against the enemy in the vicinity of Pau-gol, Korea.  During the afternoon of 15 July 1953, Lieutenant [applicant] volunteered to lead a patrol whose mission was to clear a mine field and reconnoiter the activities of the foe.  The patrol was subjected to a heavy enemy mortar and artillery barrage, but despite the intense fire, Lieutenant [applicant] continued to disarm a number of the mines.  This was particularly hazardous as this was Lieutenant [applicant's] first experience with these deadly devices.  Because of his excellent leadership the patrol was highly successful in its mission and an excellent path was provided for subsequent patrol action.  Lieutenant [applicant's] personal courage, exhibited heroism, and exceptional devotion to duty reflect great credit upon himself, and the military service.  Entered the Federal service from Illinois.



5.  The applicant was awarded the Silver Star for heroism the following day.  The citation states:

Second Lieutenant [applicant], a member of an infantry company, distinguished himself by gallantry in action against the enemy in the vicinity of Pau-gol, Korea, on 16 July 1953.  Serving as platoon leader, Lieutenant [applicant] was responsible for the defense of an outpost which was assigned to his unit.  The enemy unleashed a fanatical attack against his unit's position under the cover of an intense mortar and artillery barrage.  Lieutenant [applicant], perceiving the dangerous situation, disregarded his own personal safety by leaving his position to lead his men into fierce hand-to-hand combat with the advancing foe.  This gallant display of courage and determination inspired his men to halt and repel the enemy troops.  Though painfully wounded [emphasis added], Lieutenant [applicant] refused evacuation until it was beyond doubt that the enemy attack was successfully repulsed.  The exceptional gallantry and devotion to duty displayed by Lieutenant [applicant] on this occasion reflect the highest credit upon himself and the United States Army.  Entered Federal service from Illinois.

6.  The Western Union Telegram from the Army to the applicant's mother states he was wounded on 16 July 1953.

7.  The Korean War Casualty File contains one entry for the applicant, showing he was wounded on 16 July 1953.

8.  The applicant's DD Form 214 shows he was awarded:

* Silver Star
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Combat Infantryman Badge
* Purple Heart
* National Defense Service Medal

It does not show the Bronze Star Medal with "V" Device.

9.  The applicant's DD Form 214 shows he completed the Airborne Course during the period 6-20 June 1953 at Fort Benning, GA.  It does not show the Parachutist Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

11.  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.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  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. 

12.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a second award of Purple Heart.

2.  The applicant's records are presumed to have been destroyed in a fire at the National Personnel Records Center in 1973.  Because of this unfortunate event, it is not possible to verify a wounding other than the one occurring on 16 July 1953.  There is insufficient evidence on which to base awarding a second Purple Heart.

3.  The evidence of record shows the applicant was awarded the Bronze Star Medal with "V" Device.  Based upon his completion of the Airborne Course, it appears he would have been awarded the Parachutist Badge.  He also meets the eligibility criteria for award of the ROK-KWSM

4.  Therefore, evidence shows that the applicant’s records contain the following administrative errors which do not require action by the Board:

* omission of the Bronze Star Medal with "V" Device
* omission of the Parachutist Badge
* award of the ROK-KWSM

Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned be amending his DD Form 214 to add the Bronze Star Medal with "V" Device, Parachutist Badge, and the ROK-KWSM.




      _______ _   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)                                         AR20100021204



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ABCMR Record of Proceedings (cont)                                         AR20100021204



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