IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120012308 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his previous award of the Purple Heart for injuries he sustained on 19 December 1951.

2.  The applicant states he entered the Army on 10 May 1951 and he was wounded on 19 December 1951 in the Republic of Korea.  He states he was discharged on 9 February 1953.  He concludes by stating he attempted to use his Purple Heart Certificate to enroll for healthcare at the Marion Department of Veterans Affairs (VA) Medical Center; however, he was informed his application would not be accepted because his DD Form 214 does not show he was awarded the Purple Heart.  

3.  The applicant provides:

* 2 copies of his DD Form 214
* National Archives and Records Administration (NARA) Form 13038 (Certificate of Military Service)
* the burned remnants of a casualty report, bearing his name
* the burned remnants of a casualty notification message, bearing his name
* DA Form 4980-10-WT (Purple Heart Certificate), Permanent Orders Number 076-08, issued by The Adjutant General, U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 16 March 2012



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 military records are not available to the Board 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.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 10 May 1951.  His record shows he held military occupational specialty 1729 (Construction Specialist). 

4.  His DD Form 214 shows he was honorably released from active duty on         9 February 1953 and transferred to the Enlisted Reserve component.  He completed 1 year and 9 months of active service with no lost time.  His DD Form 214 shows in:

* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, and 1 overseas service bar
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "None"

5.  Permanent Orders Number 076-08, issued by The Adjutant General, HRC, Fort Knox, KY, dated 16 March 2012, awarded him the Purple Heart for wounds he sustained as a result of hostile actions in the Republic of Korea on                19 December 1951.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained in action against an 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 medical personnel, and the medical treatment must have been made a matter of official record.

7.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  His available record is void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  Additionally, his available record is void of any documents that indicate his conduct and efficiency ratings during his period of active military service.

9.  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 the 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 will not be disqualifying.  There must have been no convictions by court-martial.  

10.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) 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.

11.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROKWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROKWSM.  To qualify for award of the ROKWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 nonconsecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was previously awarded the Purple Heart was carefully considered.

2.  As a related item his DD Form 214 should also reflect his combat wound in item 29 of this form.

3.  The evidence of record shows he was awarded the Purple Heart by permanent orders for wounds he sustained in the Republic of Korea on             19 December 1951.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he served a period of qualifying service for award of the NDSM and the ROKWSM; therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  His available record does not indicate he was previously awarded the Army Good Conduct Medal; however, nor does it indicate he received any unfavorable ratings and/or convictions by court-martial.  His record shows he completed 1 year and 9 months of active military service, during which he served in combat and was awarded the Combat Infantryman Badge and the Purple Heart.  Furthermore, he was honorably released from active duty and he had no lost time.  It appears he met the criteria for award of the Army Good Conduct Medal.  Any doubt should be ruled in his favor and as a matter of equity, he should be awarded the Army Good Conduct Medal.  

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 Army Good Conduct Medal (1st Award) for the period  10 May 1951 through 9 February 1953
* amending item 27 of his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal (1st Award), the NDSM, and the ROKWSM
* adding to item 29 the entry "Korea, 19 December 1951"




      _____________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)                                         AR20100023999



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ABCMR Record of Proceedings (cont)                                         AR20120012308



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