IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110002201 


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 he be awarded the Purple Heart and any other awards to which he is entitled.

2.  The applicant states that he was wounded in a firefight in Korea on the Demilitarized Zone (DMZ) in 1969 and never received his Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of a page from the Department of Veterans Affairs granting him compensation for a gunshot wound to the left knee.

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 was inducted in Jacksonville, Florida on 11 October 1967.  He completed his basic training at Fort Benning, Georgia and his advanced individual training as a light weapons infantryman at Fort Ord, California before being transferred to Korea on 21 February 1968 for assignment to Company A, 3d Battalion, 23d Infantry Regiment. 2d Infantry Division.  He was advanced to the pay grade of E-4 on 6 September 1968.

3.  He departed Korea on 20 March 1969 and was transferred to Fort Gordon, Georgia where he remained until he was honorably released from active duty (REFRAD) on 10 October 1969.  He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal (Korea).

4.  A review of his records failed to show evidence that the applicant was wounded as a result of enemy action in Korea.  However, his records show that he had "excellent" conduct and efficiency ratings throughout his service and his record is absent of any derogatory information that would serve to disqualify him for award of the Good Conduct Medal (AGCM).

5.  Army Regulation 600-8-22 (Military Awards) provides that the PH 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  





DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded in Korea is not in doubt, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he was in fact wounded as a result of enemy action and that treatment for that wound was made a matter of record.  Therefore, in the absence of such evidence there appears to be no basis to award him the Purple Heart at this time.

2.  However, after carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 11 October 1967 through 10 October 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

3.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time and added to his DD Form 214.

4.  Additionally, the applicant served in Korea during a period that qualifies him for award of the KDSM.  Accordingly, it should be awarded to him at this time and added to his DD Form 214.

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 AGCM (1st award) for the period of 11 October 1967 through 10 October 1969 and adding the AGCM and KDSM 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 Purple Heart.  




      _________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)                                         AR20110002201





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002201



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1