IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027573 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Purple Heart (PH) and Republic of Korea Presidential Unit Citation (ROKPUC).

2.  The applicant states the awards in question were omitted from his DD Form 214.

3.  The applicant provides a PH certificate and a DA Form 1577 (Authorization for Issuance of Awards).

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  This case is being considered using the applicant’s DD Form 214, the documents he submitted, and the miscellaneous documents remaining in the NPRC file.  

3.  The applicant’s DD Form 214 shows enlisted in the Regular Army on 19 May 1950 for a period of 3 years.  Item 26 (Foreign and/or Sea Service) shows he completed 11 months and 27 days of foreign service, and item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Bronze Star Medal
* Combat Infantryman Badge
* Korean Service Medal with 3 bronze service stars
* United Nations Service Medal

4.  Item 28 (Most Significant Duty Assignment) of the applicant’s DD Form 214 contains the entry “Co C 19th INF REGT” which indicates he was assigned to Company C, 19th Infantry Regiment.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “SFW RIGHT LEG 27 JUN 51" which indicates he was wounded in action when he received shell fragment wounds to the right leg on 27 June 1951[while assigned to Korea].

5.  The DD Form 214 shows that on 24 May 1953 the applicant was honorably discharged at the expiration of his term of service, in the rank of sergeant first class, after completing 3 years of creditable active military service.  

6.  During the review of this case a member of the Board's staff reviewed the Korean War Casualty Roster.  This review revealed an entry pertaining to the applicant confirming he was wounded in action in Korea on 27 June 1951.  

7.  The applicant provides a PH certificate, dated 8 August 1989, which awarded him the PH for being wounded in action in Korea on 27 June 1951.  He also provides a DA Form 1577, dated 8 August 1989, which authorized the issuance of all earned awards to the applicant, which included the PH and the ROKPUC.



8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat 
and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	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 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 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.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War.  This pamphlet shows the 19th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for the period 2-22 July 1950 by Department of the Army General Order (DAGO) Number 35, dated 1951; and for the period 
11 July 1952 through 1 October 1953 by DAGO Number 24, dated 1954.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH and the ROKPUC should be added to his DD Form 214 has been carefully considered and found to have merit.

2.  The evidence confirms the applicant was wounded in action in Korea on 
27 June 1951, as evidenced by the entry showing he was wounded in action in item 29 of his DD Form 214, and the entry on the Korean War Casualty Roster.  Therefore, it would be appropriate to add the PH to the list of awards listed on his DD Form 214. 

3.  The evidence also shows the applicant served on active duty during a period authorizing the National Defense Service Medal and the ROKWSM.  As a result, these awards should also be added to the DD Form 214. 

4.  In addition, even though the specific dates of service in Korea are not identified in the existing evidence, the fact the unit he served with in Korea was cited for the ROKPUC for two separate periods during his enlistment (2-22 July 1950 and 11 July 1952-1 October 1953), either of which could have qualified him for the ROKPUC, it would serve the interest of equity to err on the side of the applicant and accept the Army determination of eligibility for this award made in the DA Form 1577 issued on 8 August 1989, and to add it to his DD Form 214.

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 adding to item 27 of his DD Form 214 the Purple Heart, the National Defense Service Medal, the Republic of Korea War Service Medal, and Republic of Korea Presidential Unit Citation.



      ____________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)                                         AR20100027573



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ABCMR Record of Proceedings (cont)                                         AR20100027573



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