IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100023057 


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.

2.  He states his commander requested that he be awarded the Purple Heart for action on 29 May 1951 in a letter dated 14 June 1951.  This letter was recently located by the 2nd Infantry Division, Korean War Veterans Alliance, in the National Archives.  

3.  He provides:

* Company B Unit Roster
* Letter from the Company Commander, Company B, 2nd Engineer Combat Battalion
* General Orders Number 178 for award of the Bronze Star Medal with “V" Device
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Letter from the Secretary/Past President, 2nd Infantry Division, Korean War Veterans Alliance

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 his Army records were lost or destroyed in that fire.  However, there were sufficient documents submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His available military records show he was ordered to active duty from the Enlisted Reserve Corps (ERC) and he entered an active duty status on
12 October 1950.  He served in military occupational specialty 3729, Combat Construction Specialist.

4.  He provided a letter, dated 14 June 1951, wherein the company commander, Company B, 2nd Engineer Combat Battalion, requested that the applicant and several other former service members be awarded the Purple Heart.  The company commander stated he was certifying those individuals had been wounded in the vicinity of Inje, North Korea, on 29 May 1951, and treated by medics.

5.  He also provided General Orders Numbers 178 issued by the 2nd Infantry Division on 17 June 1951 awarding him the Bronze Star Medal with “V” Device for heroic achievement before an armed enemy on 25 May 1951 near Oguma, Korea.  The orders stated the applicant gave medical aid to a fellow service member and carried him to an armored vehicle and safety, without regard for his own safety, during an ambush by enemy forces.

6.  On 6 December 1951, he was honorably released from active duty, prior to the expiration of his term of service and transferred to the ERC.  He was credited with completion of 1 year, 1 month, and 25 days of net active service.  He was also credited with completion of 1 year and 9 months of foreign service.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) of his DD Form 214 lists the following awards:  Bronze Star Medal with “V” Device, Presidential Unit Citation, and Korean Service Medal with three bronze service stars.
8.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows Company B, 2nd Engineer Construction Battalion.  Item 29 (Wounded Received as a Result of Action with Enemy Forces) contains the entry “None.”

9.  The applicant provided a letter from the Secretary/Past President, 2nd Infantry Division, Korean War Veterans Alliance, dated 16 August 2010.  This individual stated the Alliance obtained a number of documents from the National Archives to include a letter from the 2nd Engineer Combat Battalion requesting that the applicant and a number of other Soldiers who were wounded in action in the Korean War be awarded the Purple Heart.  Upon checking the names of those Soldiers killed in action, wounded in action, and taken prisoner of war etc. against the 2nd Infantry Division Records it was determined that some of those Soldiers listed therein had not received the medal.  This was confirmed by contacting a few of the Soldiers who are still alive.  The letter was forwarded to this Board to substantiate the applicant’s request for award of the Purple Heart for wound received near Inje, Korea, on 29 May 1951.  The Alliance trusts that the enclosed documents, especially the letter signed by the company commander, Company B, 2nd Engineer Battalion serves to substantiate the applicant’s request.  

10.  Army Regulation 600-8-22 (Military Awards), then in effect, stated the Purple Heart was awarded for an injury or 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 by military personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22, the current awards regulation, states the National Defense Service Medal was awarded for honorable active service for the period between 27 July 1950 and 27 July 1954.

12.  Army Regulation 600-8-22 also states the period of eligibility for award of the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation states 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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13.  The Government of the Republic of Korea issued the Korean 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered and found to have merit.  Available corroborating evidence (chain of command supporting letter) confirms the regulatory burden of proof necessary to support award of the Purple Heart in this case.

2.  The available evidence confirms he was wounded on 29 May 1951.  He received treatment by medical authorities, and the incident was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart and to have this award added to his DD Form 214.

3.  The available evidence shows that based on his service in Korea he is entitled to the National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea - Korean War Service Medal.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

4.  In view of the foregoing, his records should be corrected as recommended below.

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.  awarding the applicant the Purple Heart for wounds received in action as a result of enemy action on 29 May 1951 in Korea; 
   
   b.  adding to Item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea - Korean War Service Medal; and 
   
   c.  providing him a document that includes the above awards.



      _______ _  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)                                         AR20100023057



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ABCMR Record of Proceedings (cont)                                         AR20100023057



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