IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022928 


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 awards of the Purple Heart and the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states that he was wounded in action in Korea on 16 July 1950 when he was trying to retrieve a disabled tank and was attacked by North Koreans.  He goes on to state that he thought that his Purple Heart was on his DD Form 214 until he went to the Department of Veterans Affairs (VA) for benefits this year.

3.  The applicant provides a copy of his DD Form 214, a copy of his Honorable Discharge Certificate, a three-page letter explaining his application, a copy of the 78th Tank Battalion casualty listing, and three third-party letters attesting to his being wounded.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army in Utica, New York on 22 October 1948.  He completed his training as a Heavy Vehicle Mechanic and it appears that he was transferred to Japan and then to Korea.  He was promoted to the rank of corporal on 23 July 1950.

4.  He was wounded in action north of Taejon, South Korea on 16 July 1950 when he sustained wounds to the chest and left leg while assigned to the 78th Tank Battalion, 24th Infantry Division.  His name is contained on the Korean War Casualty Listing as being wounded on that date.  

5.  On 16 May 1952 he was honorably discharged at Fort Devens, Massachusetts.  He had served 3 years, 6 months and 23 days of total active service of which 2 years and 23 days were served overseas.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Army of Occupation Medal with Japan clasp, the Korean Service Medal with three bronze service stars, the Republic of Korea Presidential Unit Citation, and the Distinguished Unit Emblem (now known as the Presidential Unit Citation).  

6.  His DD Form 214 also reflects in block 29 under “Wounds received as a result of enemy forces” the entry “Chest and left leg, north of Taejon, Korea 16 July 1950.”

7.  Army Regulation 600-8-22 (Military Awards) 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.

8.  Army Regulation 600-8-22 states 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.  Specific requirements state, in effect, 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.  

9.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.  

10.  Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) 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.

11.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (ROKWSM) 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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the award of the Purple Heart should be added to his records has been noted and found to have merit.  He was wounded as a result of enemy action in Korea on 16 July 1950 while serving in the rank of corporal (CPL) and thus is entitled to be awarded the Purple Heart and to have it added to his records.

2.  The applicant’s contention that he should have the CIB added to his records has been noted and found to lack merit.  There is no evidence to show that the applicant ever held an infantry specialty or that he was serving as an infantryman in an infantry unit at the time he engaged the enemy.  Accordingly, there appears to be no evidence to support his request to award him the CIB.

3.  However, the evidence of record shows that the applicant is entitled to awards of the NDSM, the UNSM and the ROKWSM.  Accordingly, it would be appropriate to award those awards to him at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 wounds received in action in Korea on 16 July 1950, while serving in the rank of CPL
* Adding the Purple Heart, the NDSM, the UNSM, and the ROKWSM to his DD Form 214

2.  The Board further determined that 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 award of the CIB.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20100022928





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ABCMR Record of Proceedings (cont)                                         AR20100022928



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