IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025672 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be amended to reflect award of the Purple Heart and the Bronze Star Medal with “V” Device.  He also requests that he be provided a copy of the document showing the correction has been made.

2.  He states although the Bronze Star Medal is listed on his DD Form 214 it does not show the “V” Device.  He also states, in effect, he previously attempted to have his record corrected but he received no response. 

3.  He provides:

* DA Form 639 (Recommendation for Award) and supporting documents
* Orders for the Bronze Star Medal with “V” Device 
* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)
* DD Form 149 (Application for Correction of Military Record), dated 1997
* Purple Heart certificate issued in 1999

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 applied to this Board in 1997 and he was advised his record was not available as it may have been burned in the fire in 1973.  He was also advised that his application did not contain enough information to make a determination in his case; however, he could reapply at a later if he could provide some supporting documents or information.

3.  As the applicant was previously advised his 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 that his 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.

4.  The available as evidence show he enlisted in the Regular Army on 31 March 1952 for 3 years, in pay grade E-1.  He served overseas 1 year, 5 months, and 4 days.  His most significant assignment was with Company G, 223rd Infantry Regiment.  

5.  A DA Form 639 recommended the applicant for award of the Bronze Star Medal with “V” Device for heroic action on 3 July 1953.  The applicant is described as having gambled with his life or put his own life in danger to clear a mine field so that his wounded comrades could be treated and evacuated.  

6.  Headquarters, 40th Infantry Division, General Orders Number 454, dated 
28 September 1953, awarded him the Bronze Star Medal with “V” Device for heroic achievement near Mundung-ni, Korea, on 3 July 1953.

7.  Headquarters, 40th Infantry Division General Orders Number 484, dated 7 October 1953, amended the above orders to show the correct spelling of the applicant's first name.

8.  On 30 March 1955, he was honorably released from active duty and transferred to the Army Reserve.  He was credited with completing 3 years of active service: 

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following:

* Korean Service Medal with 1 bronze service star
* United Nations Service Medal
* National Defense Service Medal
* Combat Infantryman Badge 
* Army of Occupation Medal with Germany Clasp
* Bronze Star Medal

   b.  Item 29 (Wounds Received as a Result of Action with Enemy Action) of his DD Form 214 shows the entry "None" to indicate he was not wounded while he served in Korea.

9.  He provided a DA Form 1557, dated 23 July 1997, authorizing him award of the Bronze Star Medal with “V” Device, Army Good Conduct Medal, Army of Occupation Medal with Germany Clasp, National Defense Service Medal, Korean Service Medal with 1 bronze service star, and Combat Infantryman Badge.

10.  He also provided a certificate, dated 31 May 1999, awarding him the Purple Heart for wounds received in action during the Korean Conflict (date of wound not indicated)

11.  There are no orders or any other evidence available to corroborate that the applicant was wounded or treated for wounds as a result of hostile action while serving in Korea.

12.  The Korean War Casualty File does not list the applicant's name as being wounded as a result of enemy action.

13.  On 28 April 2011, a staff member of the Military Awards Branch, Fort Knox, KY, confirmed that office awarded the applicant the Purple Heart on order number 151-07.  The actual order was no longer on file.

14.  Army Regulation 600-8-22 (Military Awards) specifies the Purple Heart is awarded for a wound sustained while in action against the 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, and the medical treatment must have been made a matter of official record.  


15.  Army Regulation 600-8-22 states the Republic of Korea 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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit, 223rd Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation, by Department of the Army General Orders 50, dated 1954.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device. Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders authorized the applicant's unit the Republic of Korea Presidential Unit Citation when he was assigned to the unit.  Therefore, he is entitled have his DD Form 214 corrected to show this award.

3.  The evidence of record also shows he completed a period of qualifying service for award of the Republic of Korea War Service Medal.  His DD Form 214 should also be corrected to show this medal.

4.  A staff member of the Military Awards Branch confirmed that office issued orders awarding him the Purple Heart and he was provided a certificate, dated 31 May 1999, for the Purple Heart.  Therefore, he is entitled to the addition of this award to his DD Form 214.

5.  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.  deleting from Item 27 of the applicant's DD Form 214 the Bronze Star Medal;

	b.  adding to Item 27 of his DD Form 214 the Bronze Star Medal with "V" Device, Purple Heart, Republic of Korea Presidential Unit Citation, and Republic of Korea War Service Medal; and

	c.  providing him a document reflecting these changes.



      _______ _   _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)                                         AR20100025672


   
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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