IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120010781 


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 correction of his records to show the Army Good Conduct Medal, the Purple Heart, and the Presidential Unit Citation.  

2.  The applicant states he completed his military service and therefore he is entitled to the Army Good Conduct Medal.  He contends that he incurred disabilities due to suffering from frostbitten feet and a perforated ear drum during combat while in Korea.  He adds that his unit was awarded the Presidential Unit Citation.  

3.  The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States); a letter from an acting adjutant general, Camp Carson, CO, dated 11 April 1952; an undated memorandum from the 7th Infantry Division Commanding General (CG); two Army National Guard (ARNG) Honorable Discharge Certificates; and a course completion certificate.  

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.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by him.

3.  His DD Form 214 indicates:

	a.  he enlisted in the Regular Army for a period of 3 years and entered active duty on 13 July 1948;  

	b.  he served 2 years, 7 months, and 14 days of foreign and/or sea service;

	c.  he was awarded the Army of Occupation Medal with Japan Clasp, United Nations Service Medal, and the Korean Service Medal with three bronze service stars;

	d.  no wounds received in action were annotated; 

	e.  he was involuntary extended for 1 year and he was honorably discharged on 14 April 1952 in the rank of private first class; and

	f.  his most significant duty assignment (i.e., his last assignment) was Battery C, 537th Field Artillery Battalion, Camp Carson, CO.

4.  There is no evidence in the available records that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  His name is not listed on the Korean War Casualty List.  Also, his conduct and efficiency ratings during his active duty service and his unit of assignment and period of service while in Korea cannot be verified due to the unavailability of his complete military records, especially his DA Form 24 (Service Record).

5.  He provided a letter from an acting adjutant general, Camp Carson, CO, dated 11 April 1952, written on behalf of the CG, in which the CG expressed his 

personal thanks for the applicant's devoted and unselfish service during a very critical time.  He also provided an undated letter from the CG, 7th Infantry Division, addressed to the 7th Infantry Division rotatees, in which the CG essentially expressed "well wishes" upon the Soldiers’ departure from combat in Korea and return to their families.

6.  He also provided two ARNG Honorable Discharge Certificates that show he was honorably discharged from the ARNG and as a Reserve of the Army on 
25 October 1965 and on 30 March 1967.  He further provided a course completion certificate, given to him at Yokohama, Japan, that shows he completed the eight-week Powerman Course on 28 January 1950.

7.  Army Regulation 600-65 (Service Medals), 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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

9.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his military records to show the Army Good Conduct Medal, Purple Heart, and Presidential Unit Citation has been carefully reviewed.

2.  In order to be awarded the Army Good Conduct Medal, the regulation in effect at the time of the applicant's active duty service provided that a Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher.  However, based on the fact that the majority of his military records are not available, his conduct and efficiency ratings during his active duty service cannot be verified.  As a result, there is insufficient evidence on which to base awarding him the Army Good Conduct Medal.

3.  There is no evidence in his available records, and he provided none, that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  Additionally, his name is not listed on the Korean War Casualty List.  Therefore, there is insufficient evidence for award of the Purple Heart.

4.  In reference to the Presidential Unit Citation, based on the fact that his unit of assignment and period of service during the Korean War cannot be verified, there is also insufficient evidence on which to based correcting his records to show this unit award.

5.  Based on the foregoing, there is no basis to grant the requested relief.   

6.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of their service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   ___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)                                         AR20120010781



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ABCMR Record of Proceedings (cont)                                         AR20120010781



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