IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110010835 


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, in effect, correction of his DD Form 214 to show his award of the Purple Heart.

2.  He states he was awarded a Purple Heart for an injury he received in December 1950 in Korea.

3.  He provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 19 May 1953
* his DD Form 214 for the period ending on 3 October 1957

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 his records were destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.

3.  His available military record shows he enlisted in the Regular Army (RA) on 20 May 1950 for a period of 3 years.  He held military occupational specialty (MOS) 4345 (Light Truck Driver).  He served in Korea and was assigned to Company B, 24th Infantry Regiment, 25th Infantry Division.  

4.  General Orders Number 333, issued by Headquarters, Osaka Army Hospital, dated 11 December 1950, awarded him the Purple Heart for wounds received as a result of enemy action near Pyongyang, Korea on 2 December 1950.

5.  A WD AGO Form 8-27 (Field Medical Card) shows the applicant sustained frostbite to his toes and fingers on 2 December 1950 at Pyongyang, North Korea. It further shows the Purple Heart was awarded by General Orders Number 333, dated 11 December 1950.

6.  A WD MD Form 55a (Clinical Record Brief) shows the applicant sustained frostbite to his hands and feet at Pyongyang, North Korea on 2 December 1950.

7.  He was honorably discharged on 19 May 1953 at the expiration of his term of service.  He completed 3 years of net active service with 2 months and 22 days of foreign service.  The DD Form 214 he was issued at the time shows in:

* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) the entry "None"
* item 29 (Wounded Received as a Result of Action with Enemy Forces) the entry “None”

8.  After a break in service, he enlisted in the RA on 6 June 1956 for a period of
3 years.  He held MOS 640.00 (Light Vehicle Driver).  He was discharged with a general discharge on 3 October 1957.

9.  On 31 December 1999, The Adjutant General, Washington, D.C. issued the applicant the Purple Heart Certificate for wounds received in action on 2 December 1950 in Korea.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 12 February 2000, shows the National Personnel Records Center, St. Louis, MO, authorized the U.S. Army Support Activity, Philadelphia, PA to issue the applicant the Purple Heart.

11.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” was defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

12.  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 provides:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is worn on the appropriate service ribbon, to include the Korean Service Medal, for each credited campaign.  

	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 United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	d.  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.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

* item 27, enter decorations, etc., awarded or authorized as verified by the Soldier's records
* item 29, enter each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared and show both place of action and date, if known

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 2 December 1950 near Pyongyang, Korea.  Therefore, his DD Form 214 for the period ending 19 May 1953 should be corrected to show this award.

2.  As a result of being wounded in action, his DD Form 214 for the period ending 19 May 1953 should also be corrected to show he was wounded near Pyongyang, North Korea on 2 December 1950.

3.  He served during a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 for the period ending
19 May 1953 should be corrected to show this award.

4.  The available evidence shows that based on his service in Korea he is entitled to the Korean Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his DD Form 214 for the period ending
19 May 1953 should be corrected to show these awards.

5.  Additionally, although his exact dates/period of service in Korea cannot be determined, he was present in Korea on 2 December 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 Korean Service Medal. 








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 and item 29 of his DD Form 214 for the period ending 19 May 1953 the entry "None";

	b.  adding to Item 27 his DD Form 214 for the period ending 19 May 1953 the:

* Purple Heart
* National Defense Service Medal
* Korean Service Medal with one bronze service star
* Republic of Korea War Service Medal
* United Nations Service Medal

	c.  adding to item 29 of his DD Form 214 for the period ending 19 May 1953 the entry "Near Pyongyang, North Korea on 2 December 1950."



      ___________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)                                         AR20110010835



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ABCMR Record of Proceedings (cont)                                         AR20110010835



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