BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110021514 


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 (PH).

2.  The applicant states his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was wounded on 30 November 1950 in North Korea.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 13 September 1949 and held military occupational specialty 3271 (Stevedore).  The highest grade/rank he attained during this period of service was corporal/E-4.

3.  The applicant served in Korea with Company C of the 7th Cavalry Regiment during the period 24 August 1950 to 16 November 1951 and he was honorably discharged on 1 October 1952.  The applicant's DD Form 214 shows he earned the following awards during his active duty tenure:

* Korean Service Medal with 5 bronze service stars
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation
* Combat Infantryman Badge

4.  That applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents indicating the applicant was ever recommended for or awarded the PH.  It is also void of medical treatment records indicating he was wounded in action while serving in Korea.

5.  His records do not contain general orders authorizing him award of the PH.  

6.  A WD AGO Form 0365-1 (Battle Casualty Report), dated 22 December 1950, shows the applicant was seriously wounded in action on 30 November 1950 while in Korea.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the applicant was wounded in action with a "SF. Scalp" injury on 30 November 1950.

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

9.  A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or his DD Form 214.

10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  Furthermore, Section 24 (Indorsements) of his WD AGO Form 24A (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

12.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.  

13.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show his award of the PH was carefully considered and determined to have merit.

2.  The evidence of record shows the applicant sustained a wound to his head on 30 November 1950 as a result of hostile action while in Korea.  Therefore, he is entitled to award of the PH and correction of his DD Form 214 to show it.

3.  He served honorably from 13 September 1949 through 1 October 1952.  He completed a combat tour in Korea, attained the rank/grade of corporal/E-4, and received "excellent" efficiency and conduct ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him from receiving the first award of the AGCM, it would be appropriate to award the applicant the AGCM and to correct his records to show this award.

4.  Evidence shows the applicant served honorably during a qualifying period for award of the NDSM.  Therefore, he is entitled to the award of the NDSM and correction of his DD Form 214 to show it.

5.  Evidence shows the applicant's service in Korea during a qualifying period meets the criteria for award of the ROKWSM.  Therefore, he is entitled to the award of the ROKWSM and correction of his DD Form 214 to show it.


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 Purple Heart for wounds received in action on 30 November 1950 in Korea;

   b. awarding him the Good Conduct Medal (First Award) for the period 13 September 1949 through 12 September 1952; and,

c. adding to his DD Form 214 the following:

* Purple Heart
* Army Good Conduct Medal (First Award) 
* National Defense 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)                                         AR20110021514





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ABCMR Record of Proceedings (cont)                                         AR20110021514



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