IN THE CASE OF:	  

		BOARD DATE:	    29 November 2011

		DOCKET NUMBER:  AR20110010343 


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 in October 1950.  He sustained a compound fracture, lateral femoral condyle, on the left, and as a result, he was medically separated from the service.

3.  The applicant provides his DD Form 214 and a WD AGO Form 8-231 (Dispensary Request for Consultation).

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 records are not available to the Board 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 3 May 1950.  This form also shows at the time of his separation, he held military occupational specialty (MOS) 1745 (Light Weapons Infantry) and his most significant duty assignment (i.e., his last duty assignment) was with Company B, 26th Infantry Regiment.

4.  His DD Form 214 further shows he completed 3 years, 3 months, and 18 days of creditable active military service, of which 2 months and 14 days was foreign service.  He was discharged in the rank/grade of private/E-2 on 20 August 1953.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal, United Nations Service Medal, and World War II Battle Stars.

6.  Item 29 (Wounds Received As a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "Sharp Wound Left Leg (24 October 1950)."

7.  He submitted a WD AGO Form 8-231 which shows he was wounded in action in Korea in October 1950 and sustained a compound fracture.  He was initially treated in Korea but later evacuated to Fort Bragg, NC, where he underwent surgery and follow-up treatment. 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

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

10.  Item 30 (Remarks) of his DD Form 214 shows he had no lost time. 

11.  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. There must have been no convictions by court-martial.  

12.  Army Regulation 600-8-22 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.

	c.  The Combat Infantryman Badge is awarded to infantry Soldiers who have an infantry MOS.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

   d.  A bronze service star to be worn on the appropriate service ribbon, to include the Korean Service Medal, for each credited campaign.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 clearly shows he was wounded in action on 24 October 1950 in Korea.  This injury is further confirmed with the medical document he provides which clearly shows he was treated for this injury.  Therefore, he should be awarded the Purple Heart and have his records corrected to show it.

2.  The applicant held an infantry MOS and he was assigned to an infantry company when he was wounded.  He appears to have met the criteria for award of the Combat Infantryman Badge and should have it listed on his DD Form 214. 

3.  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. 

4.  He completed 2 months and 14 days of foreign service in Korea and he was awarded the Korea Service Medal.  Although his exact dates of service in Korea are unknown, he was present in Korea in October 1950, during which credit was given for at least one campaign.  Therefore, the applicant is entitled to a bronze service star to be affixed to his Korea Service Medal. 

5.  The applicant served honorably during the period 3 May 1950 through 20 August 1953 with no time lost.  He served in Korea and was wounded in action.  It appears 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:

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:
* awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 May 1950 through 2 May 1953
* awarding him the Purple Heart for wounds received in action on 24 October 1950
* awarding him the Combat Infantryman Badge
* adding to item 27 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Combat Infantryman Badge
* National Defense Service Medal
* Republic of Korea War Service Medal
* A bronze service star to his already-awarded Korea 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)                                         AR20110010343



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ABCMR Record of Proceedings (cont)                                         AR20110010343



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