BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110021110 


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 suffered an injury in action while in Korea.  

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Multiple AGO Forms 03065 (Battle Casualty Report)
* DA Form 20 (Soldier’s Qualification Record)
* DD Form 47 (Record of Induction)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 was inducted into the Army of the United States on 24 January 1951 and he held military occupational specialty 1812 (Mortar/Heavy Weapons Infantryman).  

3.  Sections 3 (Organizations to Which Assigned and Attached) and 4 (Service Outside Continental United States) of his DD Form 230 (Service Record) show he served in Korea, through two campaigns, from on or about 8 October 1951 to on or about 23 July 1952.  He was assigned to Company D, 7th Infantry Regiment. 

4.  His service records contain:

	a.  Several AGO Forms 0365 that essentially state on 12 July 1952, in the vicinity of Chunggojan, Korea, he was sitting in his bunker during an enemy artillery barrage when a shell exploded near the bunker caving it in.  He received a concussion, contusions of the face, and epitasis.  He was evacuated to the Clearing Company, 3rd Infantry Division, on 12 July 1952.  He was returned to duty on 17 July 1952.

	b.  Several notification letters from the Adjutant General of the Army to the applicant's mother notifying her that he was injured in action on 12 July 1952 in Korea.

	c.  A supplemental medical record that reads "shook up by mortar round which struck his bunker; to rotate on the 17th."  

5.  Section 8 (Wounds Received Through Enemy Action) of his DD Form 230 is blank and Section 9 (Medals, Decorations, and Citations) of this form does not show the Purple Heart. 

6.  Section 17 (Indorsements) of his DD Form 230 shows he received "excellent" conduct and efficiency ratings throughout his military service, with the exception of “unknown” ratings between duty stations, and he was favorably considered for the Army Good Conduct Medal. 

7.  He underwent a separation physical on 22 October 1952.  Item 73 (Notes) of his Standard Form 88 (Report of Medical Examination) shows the entry "Korea, 1952 - Shell fragments, right side, hospitalized 2 weeks."

8.  He was honorably released from active service on 23 October 1952.  He completed 1 year and 9 months of creditable active service with no lost time.  

9.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Combat Infantryman Badge and the Korean Service Medal with two bronze service stars.

10.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

11.  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 states:

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	 b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	c.  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.

	d.  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.

12.  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 must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under considerationwould not be disqualifying.  There must have been no convictions by court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records clearly show he was wounded in action on 12 July 1952 in Korea.  This injury is documented on multiple casualty reports as well as his separation physical.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  He served a qualifying period of service for entitlement to the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant was awarded the Korean Service Medal which automatically establishes eligibility for the United Nations Service Medal.  Therefore, his       DD Form 214 should be corrected to show it.

4.  He served honorably during the period 24 January 1951 through 23 October 1952.  He completed 1 year and 9 months of creditable active service with no lost time.  He received "excellent" character and efficiency ratings throughout his military service and he was favorably considered for award of the Army Good Conduct Medal.  His records contain no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and to correct his records to show this award.

BOARD VOTE:

___x_____  ___x_____  _x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* Awarding him the Purple Heart for wounds received in action on 12 July 1952
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 January 1951 through 23 October 1952
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal



      _______ _   _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)                                         AR20110021110



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021110



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1