BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110014971 


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 issuance of a DD Form 215 (Correction to DD Form 214 (Report of Separation from the Armed Forces of the United States)) to show award of the following:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Korean Service Medal with one Bronze Service Star
* Combat Infantryman Badge
* United Nations Service Medal
* Sharpshooter Badges  

2.  The applicant does not provide any contentions.

3.  The applicant provides self-authored statements.

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.  Records show the applicant was inducted into the Army of the United States on 26 November 1951.  He completed training and was awarded military occupational specialty 4745 (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was private/E-2.

3. Item 27 (Decorations, Medals, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show award of the Combat Infantry[man] Badge, Korean Service Medal with one Bronze Service Star, and the United Nations Service Medal.  These items will not be addressed further in these proceedings.

 4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows "flesh perforating wounds right hand, right lower arm, left hand, buttocks, 28 October 1952, Korea."

5.  An AGO Form 0365 (Battle Casualty Report) shows the applicant was seriously wounded in action in Korea on 28 October 1952.

6.  An AGO Form 070B	 (Record of Award of Decoration) shows the applicant was awarded the Purple Heart by General Order Number 62 on 14 November 1952.

7.  Item 32 (Qualifications in Arms) of his partially burned WD AGO Form 20 (Soldier's Qualification Card) shows he was awarded the Sharpshooter Badge with Rifle (M-1) and Automatic Rifle  (.30 caliber) Bars. 

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  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.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart, Army Good Conduct Medal, National Defense Service Medal, and Sharpshooter Qualification Badge was carefully considered and determined to have merit.

2.  The applicant was seriously wounded in action in Korea on 28 October 1952.  General Orders awarded him the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  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
26 November 1951 through 17 October 1953 and correction of his DD Form 214 to show this award.

4.  The evidence shows the applicant served a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this service medal.

5.  Records show the applicant was awarded the Sharpshooter Qualification Badge with Rifle and Automatic Rifle Bars.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.



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.  awarding him the Army Good Conduct Medal (1st Award) for the period 26 November 1951 through 17 October 1953; and

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

* Purple Heart for wounds received in action on 28 October 1952
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Sharpshooter Qualification Badge with Rifle and Automatic Rifle Bars




      _______ _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)                                         AR20110014971



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ABCMR Record of Proceedings (cont)                                         AR20110014971



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