BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011384 


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 his award of the Purple Heart and the Bronze Star Medal.  He also requests award of the Army Good Conduct Medal and correction of is DD Form 214 to show this award.

2.  He states he received the Purple Heart in recognition of being wounded in the left arm during a battle at Pakchon, North Korea while assigned to Battery C, 61st Field Artillery Battalion.  He attests the medal was sent to his sister as shown in the letter he provides.  He also states he received the Bronze Star Medal for exemplary duty while under enemy fire.  He contends he should have also received the Army Good Conduct Medal.

3.  He provides:

* his DD Form 214
* a two-page letter he sent to his sister, dated 10 December 1950
* three newspaper articles

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 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 complete military records are not available 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 14 September 1949.  He possessed military occupational specialty (MOS) 3060 (Cook).  He held the rank/grade of corporal (CPL)/E-4 on the date of his separation.  His most significant duty assignment during this period of active duty was to Battery C, 61st Field Artillery Battalion.  The applicant was credited with
1 year, 2 months and 14 days of foreign and/or sea service.  The applicant was honorably discharged on 7 October 1952, after completing 3 years and 14 days of total active military service.

4.  His partially burned WD AGO Form 24A (Service Record) shows in:

	a.  Section 7 (Combat Record) he served during six campaigns in Korea from 23 August 1950 to an unknown date after 9 July 1951;

	b.  Section 8 (Wounds Received Through Enemy Action) no entry;

	c.  Section 14 (Service Outside Continental United States) he arrived in Korea on 25 August 1950 and departed on 4 October 1951;

	d.  Section 21 (Medals, Decorations, and Citations) no entry for award of the Purple Heart, Bronze Star Medal, or the Army Good Conduct Medal;

	e.  Section 24 (Endorsements) his service was characterized as "Excellent" and he was favorably considered for award of the Army Good Conduct Medal by each of his regularly assigned unit commanders.

5.  His record contains the following medical documents:

	a.  An Abbreviated Clinical Record which shows he fell off a truck onto a box and injured his back on 24 March (year not listed).  There is no mention of enemy involvement.

	b.  A WD AGO Form Number 8-26 (Emergency Medical Tag), dated 24 March 1951, which shows the applicant was under surgical observation in order to rule out fracture of his lumbar vertebrae when he fell of a 2.5 ton truck on 24 March 1951 near Chunehong, Korea while assigned to Battery C, 61st Field Artillery Battalion.  This form indicates he was not given any form of treatment at the time. There is no mention of enemy involvement.

	c.  A WD AGO Form 8-24 (Medical Admission, Diagnoses and Disposition Form) which shows he was transferred from a collection station and admitted to the 8076th Mobile Army Surgical Hospital on 25 March 1951 for surgical observation due to an injury to his spine.  He was subsequently further evacuated to the 4th Field Hospital on 26 March 1951.

	d.  A Standard Form (SF) 88 (Report of Medical Examination) shows the applicant underwent a medical examination less than a week prior to his separation.  This form contains no indication that the applicant sustained a wound as the result of enemy action.  Item 74 (Summary of Defects and Diagnoses) of this form contains the entry "None."

6.  He was honorably discharged on 7 October 1952.  He completed 3 years and 24 days of total active service with no time lost.  The DD Form 214 he was issued at the time shows in:

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Distinguished Unit Citation
* Presidential Unit Citation (Republic of Korea)
* Korean Service Medal with 5 bronze campaign stars
* United Nations Service Medal

	b.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "None."

7.  There is no evidence in the available record that shows he was either recommended for or awarded the Purple Heart, Bronze Star Medal, or the Army Good Conduct Medal.

8.  There is no evidence in the available record or the documents provided by the applicant that shows he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

9.  The applicant's name does not appear on the Korean casualty listing.

10.  His available record shows he received all "excellent" conduct and efficiency ratings throughout his service does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

11.  The applicant provides:

	a.  A two-page letter he sent to his sister on 10 December 1950 wherein he makes no mention of being wounded or receiving any awards or decorations.

	b.  Three undated articles from unspecified newspaper(s) which indicate he:

		(1)  was serving in the Army;

		(2)  was stationed in Korea; and

		(3)  had received the Purple Heart.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.

13.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-65 (Service Medals), 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 must have all been recorded as "excellent."  There must have been no convictions by court-martial.

15.  Army Regulation 600-8-22 states 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.

16.  Army Regulation 600-8-22 states 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.

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Korean Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he received or should have received the award of the Purple Heart, Bronze Star Medal, and the Army Good Conduct Medal were carefully considered.

2.  There is no evidence in the available record that shows he was either recommended for or awarded the Purple Heart, Bronze Star Medal, or Army Good Conduct Medal.

3.  There is no evidence in the available record and the applicant has not provided sufficient evidence that shows was awarded the Purple Heart, that he sustained injuries as a result of hostile action, or that he received treatment for injuries that were sustained as a result of hostile action.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

4.  Evidence shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and he had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, 
he is entitled to the Army Good Conduct Medal (1st Award) for the period
14 September 1949 through 13 September 1952 and correction of his DD Form 214 to show this award.

5.  Evidence also shows he completed a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

6.  The applicant served during a qualifying period of service for entitlement to the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

7.  The applicant was credited with participation in six campaigns and therefore is eligible to wear one silver and one bronze service star on his Korean Service Medal in lieu of the five bronze campaign stars now shown on 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: 

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 14 September 1949 through 13 September 1952; and

	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War Service Medal
* One silver and one bronze service star for his Korean Service Medal in lieu of the five bronze campaign stars now shown

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 adding the Purple Heart and the Bronze Star Medal to his DD Form 214.



      _________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)                                         AR20110011384



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011384



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1