IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110021814 


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 records to show award of the Purple Heart.

2.  He states while in a trench in the Korean War he incurred bullet punctures, and pieces from a grenade hit his head.  He had severe head and leg wounds for which he got a metal plate on his head and paralysis of his right hand.  He received the Purple Heart but under the name of his father because he was supposedly pronounced dead and preparations were made so his father could receive the Purple Heart.

3.  He provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), Department of Veterans Affairs (VA) letter, and two photographs of a Purple Heart medal showing the name L___ C_____. 

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.  His military records show he enlisted in the Army on 2 December 1948.  He was awarded the military occupational specialty of 4745 (light weapons infantryman).

3.  He was released from active duty on 1 December 1949 and transferred to the Enlisted Reserve Corps.

4.  On 16 August 1950, he was called to active duty from inactive duty.
  
5.  His WD AGO Form 20 (Soldier's Qualification Card) shows he performed duties as a light weapons infantryman during his tour of duty in Korea while he was assigned to Company L, 65th Infantry Regiment, from 24 November 1950 to on or about 29 April 1951, the date he was seriously wounded.

6.  A WD AGO Form 8-118 (Disposition on Board Proceedings for Enlisted Men), dated 24 September 1951, shows that on 29 April 1951 he became incapacitated for military duty. 

7.  An AGO Form Number 241 (Casualty Report) shows he was a battle casualty on 29 April 1951.  His casualty status was listed as "seriously wounded in action."  The report states that at about 0630 hours on 29 April 1951 in the vicinity of Kalmae-ri, South Korea, the applicant was seriously wounded in action when the enemy launched an attack against company defensive positions.  The diagnosis was gunshot wound perforating, multiple, scalp, right elbow, and right thigh.  This form shows he served as an infantry Soldier while he was assigned to the 65th Infantry Regiment.

8.  He was retired from active duty on 31 December 1951 due to permanent disability.  The DD Form 214 he was issued shows he completed 1 year, 4 months, and 16 days of active service with 10 months and 9 days of foreign service.

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry, "Head and leg wounds and paralysis of right hand."

10.  His DD Form 214 and WD AGO Form 53-280 (Enlisted Record and Report of Separation Certificate of Service) are void of any awards.

11.  His records are void of orders or any other documents that indicate he was recommended for or awarded the Army Good Conduct Medal by proper authority.  His WD AGO Form 24A (Service Record), page 3 shows "excellent" character and efficiency ratings for his first period of active duty of exactly 1 year.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

12.  Army Regulation 600-8-22 (Military Awards) provides that 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 by medical personnel, and the medical treatment must have been made a matter of official record.

13.  His records show he is entitled to additional awards and decorations, which he did not request and are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

   b.  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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
   
   c.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

   (1) Qualifying conditions included service within the territorial limits of Korea or in waters immediately adjacent thereto while the Soldier was on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days.
   
   (2) One bronze service star is authorized for each campaign when the Soldier was assigned or attached to and present for duty with a unit during the period in which it participated in combat.
   
   (3) During his tour of duty in Korea from 24 November 1950 to on or about 29 April 1951, he participated in the following campaigns:
   
* Chinese Communist Forces (CCF) Intervention (3 November 1950-24 January 1951)
* First United Nations Counteroffensive (25 January-21 April 1951)
* CCF Spring Offensive (22 April-3 July 1951)
   
	d.  The period of eligibility for the United Nations Service Medal 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.

	e.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

15.  Army Regulation 600-65 (Service Medals) (later superseded by Army regulation 672-5-1), 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.  There must have been no convictions by court-martial.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 65th Infantry Regiment was awarded the following awards for its actions:

* the Korean Presidential Unit Citation for the period 18 April 1951-11 May 1951
* the Bravery Gold Medal of Greece for the period of the Korean War


DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record that shows he was awarded the Purple Heart.  However, the evidence of record shows that he was seriously wounded in action on 29 April 1951 when he received a gunshot wound while serving in Korea.  He received medical treatment for this wound and the treatment was documented in medical records.  Therefore, he is entitled to award of the Purple Heart and to have this award added to his DD Form 214.

2.  He is entitled to award of the National Defense Service Medal because of his honorable service between 27 June 1950 and 27 July 1954.  As such, he is entitled to have this award added to his DD Form 214.

3.  He served during a period of qualifying service authorized for the Republic of Korea War Service Medal.  As such, he is entitled to have this award added to his DD Form 214.

4.  He served during a period of qualifying service authorized the Korean Service Medal.  He participated in three campaigns during his service in Korea.  As such, he is entitled to award of the Korean Service Medal with three bronze service stars.

5.  He earned the Korean Service Medal.  This award automatically entitles him to award of the United Nations Service Medal.  As such, it would be appropriate to add this award to his DD Form 214.

6.  His records show he held and served in an infantry MOS in an infantry regiment during his service in Korea.  He was seriously wounded in battle on 29 April 1951.  Therefore, it appears he met the qualifications for the Combat Infantryman Badge; and as such, it would be appropriate to award him the Combat Infantryman Badge and add it to his DD Form 214.

7.  He served with a unit at the time for which it was cited for award of the Korean Presidential Unit Citation and the Bravery Gold Medal of Greece.  Therefore, he is entitled to have these unit awards added to his DD Form 214.

8.  There is no order or other available evidence to show he was awarded the first award of the Army Good Conduct Medal.  Based on the “excellent” character and efficiency ratings for his first period of active duty which was not sufficient in length to qualify for a first award of the Army Good Conduct Medal and the 


absence of any disqualification for the award, it is reasonable to presume that he was eligible for award of the Army Good Conduct Medal based on completion a qualifying period of Federal military service.  As such, it would be appropriate to award him the Army Good Conduct Medal for the period of 16 August 1950 through 31 December 1951 and to add this award to his DD Form 214.

9.  In view of the foregoing, he is entitled to have his records corrected as shown below. 

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 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 in Korea on 29 April 1951;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period of 16 August 1950 through 31 December 1951; and

	c.  adding to his DD Form 214 the:
   
* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War Service Medal
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge



* Korean Presidential Unit Citation
* Bravery Gold Medal of Greece




      _______ _ 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)                                         AR20110021814



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021814



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1