IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012 

		DOCKET NUMBER:  AR20110025175 


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 he was wounded in combat during the Korean War.

3.  The applicant provides:

* Two newspaper articles
* Copy of a Western Union telegram to his wife

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 was inducted into the Army of the United States on 
28 June 1951.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 1745 (Light Weapon Infantryman).

3.  The applicant's DD Form 230 (Service Record) shows the following:

* Section 4 (Service Outside Continental United States) shows he served in the Republic of Korea (ROK), during the period 13 January 1952 through 22 October 1952 
* Section 8 (Wounds Received Through Enemy Action) is blank
* Section 17 (Indorsements) shows he received "excellent" conduct and efficiency ratings throughout his military service, with the exception of “unknown” ratings between duty stations, and he was favorably considered for the Army Good Conduct Medal (AGCM) 

4.  His service records contain an AGO Forms 0365 (Battle Casualty Report) that states on 22 October 1952, in Korea, he sustained flesh wounds of his chest and abdomen which were caused by grenade fire. 

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the following awards:

* Combat Infantryman Badge
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* One Overseas Bar

6.  Item 29 (Wounds Received as a Result of action with Enemy Forces) of his DD Form 214 contains the entry, “None.”

7.  The applicant provides two newspaper articles and a telegram sent to his wife stating he sustained flesh wounds of his chest and abdomen caused by grenade fire in Korea.

8.  The applicant's name does appear on the Korean casualty listing

9.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained in action against and enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the 


result of hostile action, the wound must have required treatment by medicl personnel, and the medical treatment must have been made a matter of official record.

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

12.  Army Regulation 600-8-22 states that 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 1954.  The service prescribed must have been performed as follows (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

13.  Army Regulation 600-65 (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.  A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration would not be disqualifying.  There must have been no convictions by court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the PH has been carefully considered and found to have merit.

2.  The applicant's record shows he was wounded in action on 22 October 1952 in the ROK caused by grenade fire and his name is listed on the Korean Casualty Listing.  Therefore, he is entitled to award of the PH and correction of his DD Form 214 to show this award and to show those wounds.

3.  The available evidence also shows the applicant served on active duty during a designated period of time to qualify for award of the NDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant served during a qualifying period of service for entitlement to the ROKWSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  He served honorably during the period 28 June 1951 through 27 March 1953.  He completed 1 year and 9 months of creditable active service with no lost time.  He received "excellent" character and efficiency ratings throughout his military service and he was favorably considered for award of the AGCM.  His records contain no derogatory information on file that would have disqualified him from receiving the first award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM and to correct his records to show this award.

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 is 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:

* awarding him the PH for wounds received in action on 22 October 1952
* awarding him the AGCM (1st Award) for the period 28 June 1951 through 27 March 1953

* adding to item 27 of his DD Form 214 the:

* PH
* AGCM
* NDSM
* ROKWSM

* adding to item 29 of his DD Form 214 the entry:

* “Korea, 22 October 1952”



      _______ _  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)                                         AR20110025175



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ABCMR Record of Proceedings (cont)                                         AR20110025175



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