IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024393 


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 reconsideration of his earlier request for award of the Purple Heart.  As a new issue, he requests correction of his DD Form 214 to show his correct unit of assignment.

2.  The applicant states his DD Form 214 should show his unit as Company G, 9th Infantry Regiment, 2nd Infantry Division.

3.  The applicant provides a supporting letter from a retired chief warrant officer who served with him in the Republic of Korea (ROK).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040004609 on 2 June 2005.

2.  The letter provided by the applicant is new evidence that is sufficient to warrant Board consideration as an exception to the 1-year resubmission policy.

3.  The original Record of Proceedings concluded that an entry in item 29 (Wounds Received as a Result of Enemy Forces) of his DD Form 214 was insufficient because the date "15 Oct 52" was 1 day prior to his discharge.  Furthermore, there were no available medical records to support the entry on his DD Form 214.  Accordingly, the applicant's request was denied.

4.  A further review of available evidence shows:

	a.  A WD AGO Form 1 (Morning Report) for 13 September 1951 reports that the applicant was promoted to corporal/pay grade E-4 as a member of Company G, 9th Infantry Regiment, then located in the ROK.

	b.  A history of the 2nd Infantry Division provides that it fought in the Battle of Bloody Ridge beginning 18 August 1951 and this battle lasted for about 3 weeks.  The 9th Infantry Regiment launched its attack on the morning of 27 August 1951.  On 10 September 1951, the 9th Infantry Regiment began relieving the 23rd Infantry Regiment and continued its mission of fire support until on or about 13 September 1951.

	c.  Item 28 (Most Significant Duty Assignment) shows "Co D 2nd Inf Regt 5th Inf Div" [Company D, 2nd Infantry Regiment, 5th Infantry Division].

5.  The applicant's DD Form 214 shows in:

	a.  item 4 (Component) – Infantry;

	b.  item 6 (Effective Date of Separation) – 16 October 1952;

	c.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Combat Infantryman Badge, United Nations Service Medal, and Korean Service Medal with one bronze service star; and

	d.  item 29 (Wounds Received as a Result of Enemy Forces) – "North Korea:  15 Oct 52" [15 October 1952].

6.  The letter written by a retired chief warrant officer states he was assigned to the same unit as the applicant in the ROK.  The applicant was wounded on 12 September 1951 while assaulting the enemy on Bloody Ridge.  The applicant was hit in the hip by a piece of shrapnel.  He was evacuated to the battalion aid station for medical care.  The record of his medical treatment must have been lost during the confusion of heavy casualties.

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

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	b.  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.  

	c.  The ROK 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 prescribed must have been performed as follows:  (1) while on permanent assignment, (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (3) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was assigned to Company G, 9th Infantry Regiment, and that he was awarded the Purple Heart for wounds received in action.

2.  The available evidence clearly shows the applicant was assigned to Company G, 9th Infantry Regiment.  Therefore, his DD Form 214 should be corrected to show this as his most significant duty assignment.

3.  The applicant's DD Form 214 clearly shows he was wounded in action, but does indicate a questionable date.  However, the letter provided by the applicant from a former Soldier who was in his unit in September 1951, along with the history of his unit showing they were heavily engaged with the enemy at that time, is sufficiently convincing that the applicant was indeed wounded in action and received medical treatment.  Therefore, his records should be corrected by awarding him the Purple Heart for wounds sustained on 12 September 1951.  Furthermore, his DD Form 214 should be corrected to show this award and date.

4.  The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  The applicant served during a qualifying period for award of the ROK War Service Medal.  Therefore, his records should be corrected to show this 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 amendment of the ABCMR's decision in Docket Number AR20040004609, dated 2 June 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds sustained on 12 September 1951;

	b.  showing Company G, 9th Infantry Regiment, 2nd Infantry Division, in item 28 of his DD Form 214;

	c.  showing "North Korea, shrapnel wound, 12 September 1951" in item 29 of his DD Form 214; and

	d.  showing the Purple Heart, National Defense Service Medal, and ROK War Service Medal in addition to the awards already shown on his DD Form 214.



      ____________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)                                         AR20100024393



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ABCMR Record of Proceedings (cont)                                         AR20100024393



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