BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023886 


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 the Purple Heart (PH), Army Good Conduct Medal (AGCM), and United Nations Service Medal (UNSM) be added to his 15 August 1953 DD Form 214 (Report of Separation from the Armed Forces of the United States).  

2.  The applicant states the awards in question are missing from his DD Form 214.  

3.  The applicant provides a Western Union Telegram, PH Orders, and his
DD Form 214 in support of his request.  

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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records which primarily consists of the applicant's DD Form 214 and medical treatment records remaining in the NPRC file. 

3.  The NPRC file does not contain a separation document covering the applicant’s initial period of active duty service.  It does contain a DD Form 214 issued upon the applicant’s discharge on 15 August 1953.  It shows the applicant had completed 3 years and 1 day of prior active military service and that he held the rank of corporal at the time of his separation from that period of active duty.   It lists no awards earned during the 8 month and 11 day period covered by the DD Form 214 (5 December 1952-15 August 1953).

4.  The NPRC file contains several medical treatment records that confirm the applicant received treatment for a missile wound caused by a shell fragment to the right knee, left thigh, and left neck that he received on 22 February 1951 near Tokehong-ni Korea.  The NPRC file is void of derogatory information or unit commander disqualification that would have precluded award of the AGCM.  

5.  The applicant's DD Form 214 further shows he completed a total of 3 years, 
8 months. and 12 days of active military service, which included 5 months and 10 days of overseas service.  It also shows he was finally honorably discharged by reason of hardship on 15 August 1953.  It further shows he held the rank of corporal at the time.  There is no record of time lost during his last enlistment indicated on the DD Form 214.  

6.  The applicant provides a copy of Headquarters, 141st General Hospital General Orders Number 12, dated 6 March 1951, which awarded the applicant the PH for being wounded in action in Korea.  He also provides a Western Union Telegram, dated 4 March 1951 which notified the applicant’s wife he had been seriously wounded in action in Korea on 23 February 1951.  

7.  During the review of this case a member of the Board's staff reviewed the Korean War Casualty Roster which contains an entry confirming the applicant was wounded in action in Korea on 23 February 1951.  

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and there must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s current awards policy.  Paragraph 5-9 contains guidance on the Korean Service Medal (KSM).  It states it is authorized for service in Korea between 27 June 1950 and 27 July 1954.  A bronze service star is worn on the medal for each campaign participation credit.

10.  Paragraph 9-5 of the awards regulation contains guidance on the UNSM.  It states it is authorized for service in Korea during the period 27 June 1950 through 27 July 1954.  

11.  Paragraph 9-16 contains guidance on the Republic of Korea War Service Medal (ROKWSM).  It states it is authorized for service in Korea between 
25 June 1950 and 27 July 1953.  

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 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time provided for entering awards earned during the period covered by the DD Form 214.  The current version of the regulation provides for entering all awards earned during military service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH, AGCM, and UNSM to his 1953 
DD Form 214 has been carefully considered and found to have merit.  Although the regulatory guidance in effect at the time provided for entering only awards earned during the period covered by the DD Form 214, given current regulatory guidance provides for entering all awards earned during military service on the DD Form 214, it would be appropriate and serve the interest of equity to grant the requested relief.  


2.  The evidence does not include the DD Form 214 issued to the applicant for his active duty service prior to 5 December 1952, which would have been the document that listed the AGCM had it been awarded, or his service record, which would confirm his eligibility for the AGCM.  However, the available evidence confirms 3 years and 1 day of honorable active duty service prior to his entry on active duty on 5 December 1952.  Further, his combat service was marked by award of the PH.  As a result, given the absence of derogatory information in the available NPRC file or on the DD Form 214 and given his combat service record, it would be appropriate and serve the interest of equity to err in favor of the applicant and to award him the AGCM based on his overall record of honorable service and to add this award to his 15 August 1953 DD Form 214.  

3.  The evidence also includes orders, medical treatment records, and a Korea Casualty Roster entry confirming the applicant was wounded in action in Korea on 23 February 1951.  As a result, given the absence of a separation document for his active duty service period prior to 5 December 1952, it would be appropriate to amend item 29 (Wounds received as a result of action with enemy forces) of his 15 August 1953 DD Form 214 to document this wounding and to add the PH to this DD Form 214.  

4.  The applicant’s dates of service in Korea are not known; however, based upon his service in Korea he would have been authorized to wear at least one bronze service star on his KSM.

5.  Further, based on the applicant’s combat service in Korea he is also eligible for the KSM with one bronze service star, UNSM, NDSM, and ROKWSM which should also be added to his 15 August 1953 DD Form 214 in the interest of equity.  

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 amending his 15 August 1953 DD Form 214 by deleting the current entry in item 29 and replacing it with the entry “Shrapnel Wound 23 February 1953, Korea” and adding the Purple Heart, Army Good Conduct Medal, Korean Service Medal with one bronze service star, United Nations Service Medal, National Defense Service Medal, and 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)                                         AR20110023886



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ABCMR Record of Proceedings (cont)                                         AR20110023886



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