BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110005068 


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 award of the Purple Heart.

2.  The applicant states he was wounded in Korea on 14 April 1953 and he was issued the Purple Heart.  His DD Form 214 also shows he was wounded in action on that date.  Yet, it does not list the Purple Heart. 

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 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 enlisted in the Regular Army and entered active duty on 6 September 1951.  He held an infantry military occupational specialty.  He served in Korea from on or about 17 June 1952 to on or about 2 May 1953.  He was assigned to Company E, 15th Infantry Regiment, 3rd Infantry Division.

3.  On 27 April 1953, Headquarters, 8169th Army Unit, issued General Orders Number 22 awarding him the Purple Heart for wounds received in action on 14 April 1953, near Out-post Harry, North Korea.  

4.  He was honorably separated in the rank/grade of sergeant first class (Sfc/E-6) on 5 September 1953.  His DD Form 214 shows in:

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with two bronze service stars, United Nations Service Medal, and Combat Infantryman Badge, 

	b.  Item 29 (Wounds Received as a Result of Enemy Forces) shows the entry "LWA (lightly wounded in action)/left Upper Arm Mortar Fire 14 APR 53." 

5.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

6.  Although his conduct and efficiency ratings are not listed on his DA Form 24 (Service Record), his records do not contain any derogatory information in the form of a court-martial or non-judicial punishment, a bar to reenlistment, or lost time.

7.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	 a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in action on 14 April 1953 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  He served a qualifying period of service for award of the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both awards. 

3.  The applicant served honorably during the period 6 September 1951 through 5 September 1953.  He attained the rank/grade of Sfc/E-6 and he appears to have received all "excellent" conduct and efficiency ratings throughout his period of military service.  Furthermore, his record is void of any derogatory information that would have disqualified him for award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correct his records to show this award.  

BOARD VOTE:

___x___  __x______  __x_____  GRANT FULL RELIEF 

________  ________  ________  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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 September 1951 through 5 September 1953
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* National Defense Service Medal
* Republic of Korea War Service Medal



      _______ _   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)                                         AR20110005068



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ABCMR Record of Proceedings (cont)                                         AR20110005068



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