BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110016804 


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 and, in effect:

* Republic of Korea (ROK) Presidential Unit Citation
* United Nations Service Medal
* Korean Service Medal with one silver service star
* Army Good Conduct Medal
* Army of Occupation Medal with Japan Clasp

2.  The applicant states that he served in the ROK with the 25th Reconnaissance Company (RC), 25th Infantry Division (ID) during the period 10 July 1950 through 15 May 1951.  The applicant continues that, on 4 January 1951, he was wounded in combat by shrapnel from a mortar.  He was given morphine and placed back in combat.

3.  The applicant (who is President of the Korea War Veterans Association (KWVA)) provides:

* a letter addressed to his sister, post dated 25 February 1951
* a witness statement, dated 7 January 2002, from a former fellow Soldier who is a retired U.S. Army colonel (who happens to be one of the most decorated officers in the U.S. Army history) 

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 the applicant’s records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214 and two letters of support.

3.  The applicant's DD Form 214 shows:

* he enlisted in the Regular Army on 10 October 1949
* on 21 July 1952, he was honorably discharged
* he served 3 years, 2 months, and 22 days of creditable active service with no days lost
* he served 2 years, 9 months, and 7 days overseas
* his awards included:

* Army of Occupation Medal
* Korean Service Medal with 3 bronze service stars
* 1 Overseas Service Bar

* he was separated as a sergeant (temporary)

4.  There are no orders in the applicant's records that show he was awarded the Purple Heart.  The applicant's name is not listed on the Korean Casualty Roster.

5.  The applicant provided a statement from the retired colonel.  The colonel stated he first met the applicant in "late 1950" northwest of Pyongyang, the 

capital of North Korea.  The applicant was a tank commander with 25th Reconnaissance Company, 25th ID; the colonel was then a newly-assigned scout section leader.  The colonel further states in the first week of January 
1951, the applicant’s platoon was given a mission to move north of Seoul to help a battalion of the “Wolfhounds” break contact and then move south through Seoul.  The applicant’s platoon was ambushed en route.  The initial radio calls led the colonel to believe the applicant’s platoon was wiped out.  However, the applicant’s great bravery, combat savvy, and rare leadership saved his tank crew.  The colonel stated that the applicant and his crew later rejoined the company.

6.  The applicant provided a letter he wrote to his sister, dated 25 February 1951. The applicant states, “you ask me how badly I was wounded.  It wasn’t bad and it doesn’t bother me.”

7.  The applicant's Army Medical Treatment Records are unavailable.

8.  A request for the history of the 25th ID in the Korean War was performed on the website of the U.S. Army Center of Military History (CMH).  The CMH site shows the 25th ID service in the ROK.  “The 25th Infantry Division, originally organized in 1941 at Schofield Barracks, Hawaii, was serving on occupation duty of the Japanese island of Honshu when the North Korean Communist forces invaded the Republic of Korea on 25 June 1950.  The Division was alerted the first week in July to prepare for movement to Korea, the advance party landing at Pusan on 8 July.  The Division headquarters arrived at Pusan on 12 July, and by 18 July the entire division was in Korea.”

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Purple Heart, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  The regulation in effect during the applicant's service provided:

	a.  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 required treatment, and the medical treatment must have been made a matter of official record.  

	b.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined;
	c.  the United Nations Service Medal period of eligibility was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal; 

   d.  the Army of Occupation Medal with Japan Clasp is awarded for qualifying service in Japan, including service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952; and 

	e.  the Republic of Korea War Service Medal (ROKWSM) 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.

10.  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, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows that, at the time of the applicant’s assignment to the 25th Reconnaissance Company, 25th ID, it was awarded the ROK Presidential Unit Citation during the period 1 August 
1950 through 11 August 1950 of the Korean War by Department of the Army General Orders Number 35, dated 1951.

12.  Army Regulation 600-8-22, paragraph 5-9, contains the regulatory guidance on the Korean Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.  A silver service star will be worn instead of five 
bronze service stars.  Appendix B shows that during his service in the ROK the applicant participated in the following five campaigns:

* United Nations Defensive 27 June - 15 September 1950 
* United Nations Offensive 16 September - 2 November 1950 
* CCF Intervention 3 November 1950 - 24 January 1951 
* First United Nations Counteroffensive 25 January - 21 April 1951

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.  In order to be awarded the Purple Heart, there must be substantiating evidence to verify that:

* there was a wound which was the result of hostile action
* the wound required treatment by medical personnel
* the medical treatment was made a matter of official record

2.  The applicant's records are not available.  He provided a letter addressed to his sister that indicates he was wounded.  However, the letter alone is not sufficient evidence to show entitlement to the Purple Heart.  Unfortunately, orders awarding the Purple Heart are not available; medical records confirming treatment for combat-related wounds are not available; and the applicant's name does not appear on the Korean War Casualty Roster.

3.  Regrettably, the applicant has not provided any corroborating evidence; therefore, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  In view of the foregoing, there is insufficient evidence to warrant granting the applicant's request.

4.  There is no evidence of the applicant's conduct and efficiency ratings in the applicant's limited records.  However, the applicant served a total of 3 years 2 months, and 22 days, of which 2 years, 9 months, and 7 days was foreign service in Japan and Korea.  He had no lost time and he was appointed a sergeant and, according to the retired colonel who wrote a letter of support, he was a tank commander.  In view of these facts, it appears the applicant qualified for award of the Army Good Conduct Medal for the period 10 October 1949 through 9 October 1952.

5.  The applicant provided a witness statement from a credible former fellow Soldier wherein he confirmed that the applicant was a tank commander assigned to the 25th Reconnaissance Company, 25th ID in the ROK in late 1950 through January 1951.  Therefore, it is accepted as evidence that the applicant served with the 25th Reconnaissance Company, 25th ID in the ROK.

6.  The applicant’s DD Form 214 shows that he was awarded the Army of Occupation Medal.  Evidence of record shows the 25th ID was serving on occupation duty on the Japanese Island of Honshu prior to the 25th ID’s move to the ROK in July 1950.  Therefore, the applicant’s DD Form 214 should be corrected show award of the Army of Occupation Medal with Japan Clasp.

7.  The applicant met the eligibility for award of the National Defense Service Medal, the United Nations Medal, and ROK War Service Medal.  The applicant’s DD Form 214 should be amended to add these awards.

8.  The applicant was assigned to his unit during a period of time the unit was awarded the ROK Presidential Unit Citation.  The available evidence shows the applicant participated during four campaign phases in the ROK.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Korean Service Medal and correction of his DD Form 214 to show the service stars and the ROK Presidential Unit Citation.

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 for the period 10 October 1949 through 9 October 1952;

	b.  deleting from his DD Form 214 the Army of Occupation Medal and the Korean Service Medal with three bronze service stars;

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal
* National Defense Service Medal
* United Nations Service Medal
* Korean Service Medal with four bronze service stars
* Army of Occupation Medal with Japan Clasp
* ROK War Service Medal
* ROK Presidential Unit Citation

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 one silver service star 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)                                         AR20110016804





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ABCMR Record of Proceedings (cont)                                         AR20110016804



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