IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120001370 


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 that his records be corrected by show entitlement to the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he received wounds on 28 May 1953 while serving with the Heavy Mortar Company, 14th Infantry Regiment, 25th Infantry Division in Korea.

3.  The applicant provides copies of a DD Form 214 (Report of Separation from the Armed Forces of the United States), Certificate of Military Service, a telegram (in Spanish with an English translation), and a U.S. National Archives and Records Administration Korean War Casualty printout.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center (NPRC) fire of 1973.  Information herein was obtained from reconstructed personnel records.

3.  The applicant's DD Form 214 provides the following:

	a.  service in the Infantry branch of the Army of the United States;

	b.  1 year, 11 months, and 10 days of creditable active duty service from 13 February 1952 through 1 February 1954; 

	c.  1 year, 10 months, and 4 days of foreign service;

	d.  award of the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal;

	e.  his most significant duty assignment was with the Heavy Mortar Company, 14th Infantry Regiment, 25th Infantry Division; 

	f.  an item 29 (Wounds Received as a Result Action with Enemy Forces) entry of "None"; and

	g.  item 38 (Remarks) shows no lost time.

4.  A telegram, dated 30 June 1953, notified the applicant's parents that he had been seriously wounded on 28 May 1953.

5.  In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files," was made.  These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the NPRC.  It was widely believed that these would become a valuable substitute for the records lost in the NPRC fire of 1973.  A search of these files shows the applicant was serving as an infantryman with an infantry regiment in Korea when, on 28 May 1953, he received penetrating wounds to the abdomen and arm requiring hospitalization until 25 July 1953.  His wounds were reported as being the direct result of result of action against or by an organized enemy.

6.  The casualty file printout provided by the applicant contains essentially the same information as shown in the SGO files.

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

	a.  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.

	b.  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.

	c.  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 must actively participate in such ground combat.

	d.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Korean Service Medal.  Based on the applicant's dates of service in Korea, Appendix B indicates he served during the four campaign periods:  Second Korean Winter, 28 November 1951-30 April 1952; Korea, Summer-Fall 1952, 1 May-30 November 1952; Third Korean Winter, 1 December 1952-30 April 1953; and Korea, Summer 1953, 1 May-27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows applicant was wounded as a direct result of action against or by an organized enemy on 28 May 1953.  The wounds required hospitalization and his treatment is recorded in the SGO files.  Therefore, he is shown to be entitled to award of the Purple Heart.  

2.  The applicant served as an infantryman with an infantry regiment in Korea.  The fact that he was wounded as a direct result of result of enemy action shows his unit was engaged in active ground combat and that he was actively participating in such ground combat.  Therefore, the applicant is shown to qualify for award of the Combat Infantryman Badge and it is presumed that he was awarded this badge. 

3.  The Republic of Korea War Service Medal was not created until well after the applicant had left the service.  However, this award was made retroactive for all military personnel who served in Korea between 25 June 1950 and 27 July 1953. Therefore, it is appropriated to correct the record to show his award of this medal.  

4.  The applicant’s last assignment was in Korea and he served 1 year, 10 months, and 4 days of foreign service.  It is a reasonable presumption that all of his foreign service was served in Korea; therefore, he would have been credited with four campaign periods and is entitled to wear four bronze service stars on his Korean Service Medal.  It is appropriate to delete the entry "Korean Service Medal with two bronze service stars" and replace it with "Korean Service Medal with four bronze service stars."

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.  deleting the entry on the DD Form 214 "Korean Service Medal with 2 bronze service stars"; and

	b.  correcting his DD Form 214 to show his awards include the Purple Heart, Korean Service Medal with 4 bronze service stars, Republic of Korea War Service Medal, and the Combat Infantryman Badge.



      ____________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)                                         AR20120001370



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ABCMR Record of Proceedings (cont)                                         AR20120001370



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