IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20110024100 


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) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he was wounded with a bayonet in the right front groin and stomach in a combat accident with fellow Soldiers (wounded in action).

3.  The applicant provides a copy of his DD Form 214 and the Surgeon General’s Office (SGO) Hospital Listing.

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.  On 11 February 1953, after having had previous service, the applicant enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 1641 (Wire Chief, Field).  The highest rank he attained while serving on active duty was Private First Class/E3.

3.  The applicant‘s DD Form 214 shows he was honorably released from active duty on 29 March 1954.  His DD Form 214 shows award of the National Defense Service Medal.

4.  The applicant’s official military personnel file is void of any orders or documents that indicate he was ever awarded the PH by proper authority while serving on active duty.

5.  The applicant DD Form 481-1 (Clinical Record Cover Sheet) shows he was injured on 17 April 1953 while trying to take cover from enemy mortar fire.  He punctured the lower portion of his abdomen while falling on an American bayonet, which was left on the ground.

6.  The applicant’s name is listed on the Korean casualty roster with casualty code RTD with date of casualty shown as 17 April 1953.  This casualty code refers to “hospitalized returned to duty.”

7.  His record does not contain a DA Form 20 (Enlisted Qualification Report) to identify or show that he received “excellent” conduct and efficiency ratings throughout his military service.  However, there is no evidence or derogatory information in his military record.

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 in his records and/or DD Form 214.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.
The applicant’s record is void of a unit commander disqualification that would have precluded award of the AGCM.

11.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea- Korean War Service Medal (ROK-KWSM) 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.  

12.  Army Regulation 600-8-22 states the Korea Service Medal (KSM) is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Appendix B shows that during his service in the Republic of Korea, participation credit was awarded for the following two campaigns:

* Third Korean Winter 1952 (1 December 1952 – 30 April 1953)
* Korea Summer 1953 (1 May 1953 – 27 July 1953)

13.  Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal (UNSM) 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 automatic establish eligibility for the United Nations Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH to his DD Form 214 was carefully considered and it was determined to have merit.

2.  The DD Form 481-1 shows that on 17 April 1953 as a result of trying to take cover from enemy mortar fire, he punctured the lower portion of his abdomen on an American bayonet which was left on the ground.  Therefore, he is eligible for award of the PH.

3.  The applicant was honorably released from active duty as a PFC/E3, and there is no evidence in available military records of a commander’s 


disqualification for award of the AGCM.  Therefore, he is eligible for the first award of the AGCM for the period 11 February 1953 to 29 March 1954 and correction of his DD Form 214 to show this award.

4.  An individual can be awarded the KSM for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Additionally, he participated in two campaigns during his service in Korea.  Therefore, he is entitled to award of the KSM with two bronze service stars and correction of his DD Form 214 to show this award.

5.  Based upon his KSM, he is authorized the UNSM.  Therefore, his DD Form 214 should be corrected to show this award.

6.  He is also authorized the ROK-KWSM.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X__ _  ____X___  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 PH for wounds received on 17 April 1953;

     b.  awarding him the AGCM (1st award) for the period 11 February 1953 through 29 March 1954;

c.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal
* Korean Service Medal with two bronze service stars


* United Nations Service Medal
* Republic of Korea-Korean 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)                                         AR20110024100



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ABCMR Record of Proceedings (cont)                                         AR20110024100



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