IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120011688 


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, the widow of a former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

2.  The applicant states the FSM was wounded on 22 September 1950 while serving in Korea; however, the Purple Heart was never listed on his discharge document.

3.  The applicant provides:

* the FSM's DA Form 199 (Proceedings of Physical Evaluation Board (PEB))
* the FSM's DD Form 214
* the FSM's Certificate of Death

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 FSM's military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, available reconstructed records offer sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The FSM enlisted in the Regular Army (RA) on 21 September 1947 for a period of 3 years.  He was awarded military occupational specialty 4745 (Light Weapons Infantryman).

4.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing 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.  A search of these files produced a record pertaining to the FSM showing he was seriously wounded on 22 September 1950 in Korea as a direct result of action against or by an organized enemy.

5.  The FSM's DD Form 214 shows he was retired from the RA on 31 August 1951 by reason of permanent disability and he was placed on the Retired List.  He completed 3 years, 11 months, and 9 days of total active service that included 2 years, 3 months, and 8 days of foreign service.  It also shows in:

	a.  item 3 (Grade - Rate - Rank and Date of Appointment):  Corporal (CPL), Temporary, 17 September 1950;

	b.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army of Occupation Medal with Japan Clasp
* Korean Service Medal
* Combat Infantryman Badge

	c.  item 28 (Most Significant Duty Assignment):  Company A, 23rd Infantry Regiment, 2nd Infantry Division (Korea); and

	d.  item 29 (Wounds Received as a Result of Action with Enemy Forces):  "Wound, missile, perforating of right elbow, Naktong River, Korea, 22 September 1950."

6.  There are no orders or other evidence in the FSM's available military service records that show he was awarded the Purple Heart.

7.  In support of her request, the applicant provides a copy of the FSM's DA
Form 199, dated 17 July 1951, that shows the PEB considered the FSM's injuries he incurred on 22 September 1950 in combat with an enemy of the United States, and found him physically unfit for military service.  

8.  A review of the FSM's available reconstructed record reveals he may be entitled to additional awards that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in the Korean Conflict.  This document shows that during the FSM's assignment to the 23rd Infantry Regiment, 2nd Infantry Division in Korea, the unit:

	a.  participated in the United Nations Offensive (16 September - 2 November 1950); and

	b.  was cited for award of the Republic of Korea Presidential Unit Citation for the period 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10, dated 1954.

10.  A review of the FSM's reconstructed record failed to reveal any evidence he was awarded the first award of the Army Good Conduct Medal.  This review also failed to reveal evidence of any record of court-martial, disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).

11.  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 (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star will be awarded for wear on the Korean Service Medal for participation in each credited campaign.

	c.  The United Nations Service Medal 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 automatically establish eligibility for the United Nations Service Medal.

	d.  The Republic of Korea War Service Medal 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.

	e.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM was injured as a result of enemy action in Korea when he sustained a wound to his right elbow on 22 September 1950.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The FSM served in one campaign during his service in Korea.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Korean Service Medal and correction of his DD Form 214 to show this bronze service star.

3.  General orders awarded the FSM's unit the Republic of Korea Presidential Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The evidence of record further shows the FSM qualified for award of the:

* National Defense Service Medal based on his active duty service during the Korean Conflict
* United Nations Service Medal based on his award of the Korean Service Medal
* Republic of Korea War Service Medal for his service during the Korean Conflict

Therefore, his DD Form 214 should be corrected to show these awards.

5.  The FSM served a continuous period of honorable active duty enlisted service from 21 September 1947 through 31 August 1951.

	a.  There is no evidence of any record of court-martial, disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	b.  He was promoted to the rank/grade of CPL/E-4 on 17 September 1950 with less than 3 years of active service.

	c.  The FSM served during the Korean Conflict, was wounded in action on
22 September 1950, and medically evacuated, which may account for the absence of any administrative action regarding award of the Army Good Conduct Medal to the FSM.

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate at this time to award the FSM the Army Good Conduct Medal (1st Award) for the period 21 September 1947 through 20 September 1950 and to correct his DD Form 214 to show this award.
BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 from his DD Form 214 the "Korean Service Medal";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
21 September 1947 to 20 September 1950; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korean Service Medal with 1 bronze service star
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices the former service member made in service to the United States during the Korean Conflict are deeply appreciated.  The applicant and all Americans should be justifiably proud of the former service member's service in arms.



      _____________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)                                         AR20120011688



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ABCMR Record of Proceedings (cont)                                         AR20120011688



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