IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120001228 


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 Bronze Star Medal and the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states they were awarded but left off his DD Form 214.

3.  The applicant provides copies of the certificate for his Bronze Star Medal for heroism and his discharge orders.

4.  The applicant's application indicates he sent a newspaper article about the Bronze Star Medal, and seems to imply that the orders he submitted pertained to it.  However, the orders attached to his application are his discharge orders and the newspaper article was not received.

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 records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records were destroyed, lost, or seriously damaged in that fire.  However, sufficient documents are available to conduct a fair and impartial review of this case.

3.  The applicant, a member of the U.S. Army Reserve (USAR), was mobilized on 29 November 1951. He served in Korea with Company F, 7th Infantry from approximately April 1952 through May 1953.  He returned to the United States and, on 28 August 1953, he was separated and transferred to the USAR as a sergeant. 

4.  His DD Form 214 lists his awards as the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the Combat Infantryman Badge.

5.  The Office of the Surgeon General (OTSG) files show that, on 27 March 1953, the applicant sustained a combat wound to his arm.  He was treated and released.

6.  The copy of the Bronze Star Medal certificate that the applicant submitted with his application:

* indicates that he was cited for heroism in Ground Combat in Korea on 27 March 1953
* was signed by the Adjutant General, United States Army Forces, Far East about 6 months later, on 20 August 1953
* has entries -- the applicant's identification, dates, and awarding authority's identification (The Adjutant General, United States Forces, Far East) - that are done in script rather than a more typical font and appears to have probably been printed using script type on an off-set printing press

7.  A Board staff member, who served in Korea some years later, relates that off-set presses were so common that they were use for even mundane tasks.

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

   a.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  The "V" device was first worn to denote an award for valor in 1945. 
   
   b.  The Purple Heart 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.
   
   c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.
   
   d.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The following campaigns correspond with the applicant's Korean service:
   
* Second Korean Winter – from 28 November 1951 to 30 April 1952
* Korean Defense Summer-Fall from 1 May to 30 November 1952 
* Third Korean Winter from 1 December 1952 to 30 April 1953
* Korea Summer 1953 from 1 May to 27 July 1953

   e.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the Republic of Korea Presidential Unit Citation was authorized by Department of the Army General Order Number 24 of 1954 during a period coinciding with the applicant's assignment.
   
     f.  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.

9.  Army Regulation 600-65, 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, 
including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  

DISCUSSION AND CONCLUSIONS: 

1.  The applicant's application indicates that he has the Bronze Star Medal and the Purple Heart.  He simply wants them added to his DD Form 214.

2.  The SGO record confirms the applicant was wounded on 27 March 1953 and, according to the certificate, he was awarded the Bronze Star Medal for heroism on that same day.  Additionally:
   
   a.  either he does not have the orders although he thought he did or he mistakenly sent the wrong documents with his application; and
   
   b.  the absence of the orders for his Bronze Star Medal and Purple Heart is not surprising.  Neither is the somewhat unusual appearance of the script on the Bronze Star Medal certificate.  The absence of these awards from his DD Form 214 was almost inevitable given that award of the Bronze Star Medal for heroism was not approved until some 6 months after the fact and only a few days before the applicant's release from active duty.  The high level of the approval authority for the Bronze Star Medal, the Adjutant General of the Far East Command, accounts for both the delay and the unusual lettering style on the certificate. 

3.  The certificate does not mention a "V" Device but it is implicit in the award of the Bronze Star Medal for heroism.

4.  The Bronze Star Medal with "V" Device and the Purple Heart should be added to the applicant's DD Form 214.

5.  The applicant is authorized the National Defense Service Medal, four bronze service stars for wear on the Korean Service Medal, the Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal.  They should be added to his DD Form 214.

6.  The applicant's service during this period of active duty of approximately        1 year and 9 months was distinguished by his progress to the rank of sergeant and his combat service.  Given the current lack of extensive records, the absence of his conduct and efficiency records or any disqualification for the Good Conduct is not surprising.  However, it is highly unlikely that he would have been eligible for separation as a sergeant had there been any disqualification.  He should be awarded the Good Conduct Medal and it should be added to his      DD Form 214.
7.  It would be appropriate to correct the applicant’s records as recommended below.

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 Army Good Conduct Medal (1st Award) for the period
   29 November 1951 through 28 August 1953;
   
   b.  deleting from his DD Form 214 the Korean Service Medal with 2 bronze service stars; and 
   
   c.  adding to his DD Form 214 the:
   
* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korean Service Medal with four bronze service stars
* Republic of Korea Presidential Unit Citation
* 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)                                         AR20120001228





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ABCMR Record of Proceedings (cont)                                         AR20120001228



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