IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012371 


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 award of the Purple Heart.

2.  The applicant states he was injured in combat on 14 September 1950.  He was hospitalized because of his injuries, but the Purple Heart was never issued.

3.  He provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* an undated Abbreviated Clinical Record
* his DA Form 20 (Soldier's Qualification Card)
* two pages from his WD AGO Form 24A (Service Record)
* an Ear, Nose, and Throat Examination sheet, dated 16 October 1950

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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using records provided by the applicant and documents in his reconstructed NPRC file.

3.  Following a period of service in the Kansas National Guard, on 6 January 1949 the applicant enlisted in the Regular Army (RA) for a period of 3 years.

4.  His WD AGO Form 24A shows in:

	a.  Section 14 (Service Outside Continental United States) he:

* arrived in Japan on 4 July 1949
* departed Japan for Korea on 12 July 1950
* arrived in Korea on 13 July 1950
* departed Korea and arrived in Japan on 20 September 1950
* departed Japan on 28 September 1950
* arrived in the United States on 9 October 1950

	b.  Section 23 (Remarks–Financial) his character and efficiency were rated "excellent" upon his discharge on 3 June 1952 and he was favorably considered for the Army Good Conduct Medal.

	c.  Section 24 (Indorsements), he had several periods of "unknown" conduct and efficiency ratings and in all other periods he was rated "excellent."

5.  Item 29 (Record of Current Service) of his DA Form 20 shows he was assigned to principal duty in Korea as a radio operator with Company G,
35th Infantry Regiment, from 12 July 1950 to 19 September 1950.  On
20 September 1950, he was assigned to the Medical Holding Detachment,
35th Station Hospital, and on 18 October 1950 he was assigned to Fitzsimons Army Hospital, CO.

6.  His record includes an undated ATC Air Evacuation Medical Record and a MATS Form 33 (En Route Medical Record) showing he was diagnosed with a perforated ear drum.


7.  His name does not appear on the Korean War casualty listing.

8.  His reconstructed record does not include orders awarding him the Purple Heart.

9.  He was honorably discharged on 3 June 1952 at the expiration of his term of service.  He completed 3 years, 4 months, and 28 days of net service this period.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to him at that time shows the Army of Occupation Medal (AOM) and the Combat Infantryman Badge.  Item 29 (Wounds Received as a Result of Action with Enemy Forces (Place and date, if known)) shows the entry "NA."

10.  He provides:

	a.  An undated Abbreviated Clinical Record that states "Perforated ear drum - left - caused by concussion or disease.  First noticed 14 Sept 50 after 3 day heavy battle previously.  Drainage [and] blood, left ear."

	b.  A record of an ear, nose, and throat examination, dated 16 October 1950, that states "Concussion from nearby shell blast on 14 Sept 1950 followed by purulent discharge on day following.  Diagnosis of perforated drum [and] return to states followed."

11.  Army Regulation 600-8-22 (Military Awards) states 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.

12.  Review of the available records indicates the applicant is entitled to additional awards not shown on his DD Form 214.

13.  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.  A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration would not be disqualifying.  There must have been no convictions by court-martial.


14.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good conduct Medal.

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, paragraph 5-9, contains the regulatory guidance on the Korean Service Medal.  It states that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.  Appendix B shows that during his service in Korea, the applicant participated in the following two campaigns:

* UN Defensive (27 June - 15 September 1950)
* UN Offensive (16 September - 2 November 1950)

17.  Army Regulation 600-8-22 states 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.

18.  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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

19.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Soldiers who served in the Far East Theater during the occupation of the Far East will wear the Clasp inscribed "Japan."

20.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign credits received by 


units during the Korean War.  This pamphlet shows the 35th Infantry Regiment, the unit to which he was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for the period 1 to 11 August 1950, by Department of the Army General Order Number 35, dated 1951

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant was evacuated from Korea to a station hospital in Japan after his left ear drum was perforated by the concussion from a nearby shell blast on or about 14 September 1950 during a 3-day battle.  Based on this injury, he is entitled to award of the Purple Heart.  He is also entitled to correction of his DD Form 214 to show this award and to show he was wounded in action with enemy forces.

2.  He served a 3-year period during which he received "excellent" and "unknown" conduct and efficiency ratings, he was not the subject of disciplinary action, and his record includes an annotation showing he was favorably considered for the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 6 January 1949 through 5 January 1952 and to correct his DD Form 214 to show this award.

3.  He served during a qualifying period for the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He served during a qualifying period for the Korean Service Medal.  During this period in Korea he participated in two campaign phases.  Therefore, he is entitled to the Korean Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

5.  Because he is eligible for the Korean Service Medal, he is also entitled to the United Nations Service Medal and correction of his DD Form 214 to show this award.

6.  He completed a qualifying period of service in Korea for the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

7.  He was awarded the Army of Occupation Medal for his service in Japan.  Therefore, he is entitled to correction of his DD Form 214 to show the Army of Occupation Medal with Japan Clasp.

8.  He was assigned to a unit in Korea during a period for which it was cited for award of the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit 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:

	a.  deleting from item 27 of his DD Form 214 the Army of Occupation Medal;

	b.  awarding him the Purple Heart for the wound received in action on 14 September 1950;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
6 January 1949 to 5 January 1952;

	d.  adding to item 27 of his DD Form 214 the:

* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Army of Occupation Medal with Japan Clasp
* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation


	e.  adding to item 29 of his DD Form 214 the entry "Korea  14 September 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)                                         AR20110012371



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ABCMR Record of Proceedings (cont)                                         AR20110012371



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