IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110021388 


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.  He also requests, in effect, correction of block 43 (Name and Address of Last Civilian Employer) of his DD Form 214 to show "Quincy, WA" instead of "Wuincy, Wisc."

2.  The applicant states he received the PH after his separation and the name of the town of his last work place is wrong.

3.  The applicant provides a copy of his DD Form 214 and photographs of his Purple Heart with his name engraved.

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 initially enlisted in the Regular Army on 11 May 1948 for a period of 3 years and he was trained in and awarded military occupational specialty (MOS) 4012 (Heavy Weapons Infantryman).  On 26 April 1950, he was honorably discharged in the rank of private first class (PFC)/E-3.  The DD Form 214 he was issued at the time shows he completed 1 year, 11 months, and
16 days of total active duty service.  This DD Form 214 issued at the time shows he was awarded the Army of Occupation Medal with Japan Clasp.

3.  On 16 February 1951, the applicant again enlisted in the RA for 3 years.  He was awarded MOS 3795 (Tank Crewman).  His WD AGO Form 24A (Service Record) shows he served in Korea from 28 April 1951 to 23 November 1951.  He was assigned to Company C, 70th Tank Battalion performing duties in MOS 3795 as a tank crewman.

4.  Section 7 (Combat Record) of the applicant's WD AGO Form 24 shows he participated in the Communist Chinese Forces (CCF) Spring Offensive campaign in Korea.  Section 8 (Wounds Received Through Enemy Action) shows the applicant received a shrapnel wound in the back on 10 October 1951.  Section 21 (Medals, Decorations, and Citations) shows he earned the Korean Service Medal with 1 bronze service star and the United Nations Service Medal.

5.  Section 13 (Record of Trials by Court-Martial) is blank and Section 24 (Indorsements) of the WD AGO Form 24 contains "excellent" conduct and efficiency ratings and favorable Army Good Conduct Medal recommendations in the indorsements that contain conduct and efficiency and Army Good Conduct Medal recommendation entries.  His record is void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good conduct Medal.

6.  The record contains an FEC AGO Form Number 241 (Casualty Report) that shows the applicant was wounded in action near Ongogae, North Korea on
10 October 1951, when he received a shrapnel wound to the back of the head while engaged with enemy forces.

7.  On 28 February 1953, the applicant was honorably retired, in the rank of sergeant (SGT), by reason of disability.  The DD Form 214 he was issued shows he completed 4 years and 1 day of total active service.  It also shows he earned the Korean Service Medal with one bronze service star and the United Nations 


Service Medal during the period covered by the DD Form 214.  Block 29 (Wounds Received as a result of Action with Enemy Forces) contains the entry "Shrapnel Wound Back, & Left Side of Head, 10 Oct 51, Korea."  The Purple Heart is not included in the list of awards on the DD Form 214.  Block 43 contains the entry "Quincy Corp, Wunicy, Wisc."

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.

	a.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record.

	b.  Paragraph 5-8 contains 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.  Evidence shows that during the applicant's service in Korea, he participated in the following 2 campaigns:

* CCF Spring Offensive (27 April - 8 July 1951)
* UN Summer-Fall Offensive (9-27 November 1951)

	c.  Paragraph 9-16 contains guidance on the Republic of Korea War Service Medal.  It states it is authorized for 30 consecutive days or 60 non-consecutive days of service in Korea between 25 June 1950 and 27 July 1953.

   d.  Paragraph 2-10 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.  

9.  Army Regulation 600-65 contained the Army’s awards policy in effect at the time.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military 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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) establishes eligibility for individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and Korea.  It shows that during the applicant’s tenure of assignment, his unit (Company C, 70th Tank Battalion) was cited for award of the:

* Distinguished Unit Citation, now known as the Presidential Unit Citation, for the period 3 through 12 October 1951 by Department of the Army General Order (DAGO) Number 74-52
* Bravery Gold Medal of Greece Unit Citation for the period of the Korean War by DAGO Number 2, dated 1856

11.  The regulatory policy in effect at the time the applicant served provided for entering only awards earned during the period covered by the DD Form 214.  Current regulatory policy provides for entering awards earned for all periods of military service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH and to correct the name of the town entered in block 43 of his DD Form 214 for the period ending 28 February 1953 has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was wounded in action in Korea on 10 October 1950, as evidenced by entries on his WD AGO Form 24 and DD Form 214 and a casualty report on file in his record.  Therefore, it would be appropriate at this time to correct his DD Form 214 for the period ending
28 February 1953 to show the Purple Heart.

3.  The evidence of record shows the applicant's available ratings show he received no less than "excellent" or "unknown" conduct and efficiency ratings and favorable Army Good Conduct Medal recommendations.  His record is also void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 15 February 1951 through 28 February 1953 and to correct his DD Form 214 for the period ending 28 February 1953 to show this award.

4.  The record also shows that based on his service in Korea, he is entitled to the National Defense Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and the Bravery Gold Medal of Greece Unit Citation and correct of his DD Form 214 for the period ending 28 February 1953 to show these awards.

5.  The applicant participated in two campaigns during his service in Korea.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Korean Service Medal and correction of his DD Form 214 for the period ending 28 February 1953 to show these bronze service stars.

6.  Further, given the current regulatory policy provides for entering awards for all periods of military service, it would also be appropriate to add the Army of Occupation Medal with Japan Clasp that the applicant earned during his first enlistment to his DD Form 214 for the period ending 28 February 1953.

7.  Finally, given the name of the company listed in block 43 of his DD Form 214 for the period ending 28 February 1953 is Quincy Corporation, it is reasonable to accept the applicant’s assertion that the town name currently entered is in error and should read "Quincy, WA."  Therefore, it would be appropriate to correct block 43 accordingly.  

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 his DD Form 214 for the period ending 28 February 1953 the Korean Service Medal with one bronze service star;

	b.  awarding him the Army Good Conduct Medal for the period 16 February 1951 through 28 February 1953;


	c.  adding to his DD Form 214 for the period ending 28 February 1953 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with 2 bronze service stars
* Republic of Korea War Service Medal
* Presidential Unit Citation
* Bravery Gold Medal of Greece Unit Citation

	d.  deleting the entry "Wuincy, Wisc" from block 43 of his DD Form 214 for the period ending 28 February 1953 and replacing it with the entry "Quincy, WA."



      __________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)                                         AR20110021388



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ABCMR Record of Proceedings (cont)                                         AR20110021388



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