IN THE CASE OF:	

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120021754


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 award of the Purple Heart for wounds he received in the Korean War.

2.  The applicant states he was seriously wounded in action on 10 October 1951 during combat operations in North Korea.  He states he spent 63 days in the hospital and should have been awarded the Purple Heart.  He is 86 years old now and his health is declining.

3.  The applicant provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* an extract from the Korean War Casualty File maintained by the National Archives and Records Administration (NARA), St. Louis, MO 
* an extract from the Korean War casualty database
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 24 October 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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  On 8 September 1950, the applicant was inducted into the Army of the United States.

4.  On 4 June 1952, he was released from active duty in the rank of sergeant and transferred to the Enlisted Reserve Corps.

	a.  Item 24 (Total Net Service Completed for Pay Purposes) of his DD Form 214 shows he completed 1 year, 8 months, and 27 days of total active service.

	b.  Item 26 (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year and 5 days of foreign service.

	c.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the Korean Service Medal with two bronze service stars, Combat Infantryman Badge, and Army of Occupation Medal with Japan Clasp.

	d.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry:  "SFW [shell fragment wound] (Left Buttocks & left thigh) 10 Oct 51."

5.  A review of the Adjutant General's Office Casualty Division's Korean Casualty Roster confirmed the applicant's name is listed as having been wounded in action in the North Korean sector on 10 October 1951.

6.  The applicant provides an extract from the Korean War Casualty File maintained by NARA.  This extract shows he was seriously wounded in action by a missile in the North Korean sector on 10 October 1951.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

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

9.  His available records are 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 records are void of any documents that indicate his conduct and efficiency ratings during his period of active military service.

10.  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 would not be disqualifying.  There must have been no convictions by court-martial.

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

12.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM) and states the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award of the UNSM.

13.  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 contends he should be awarded the Purple Heart because he was wounded in action during the Korean War.  Records confirm he was wounded in action on 10 October 1951 in the Republic of Korea.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

2.  His available records do not indicate he was previously awarded the Army Good Conduct Medal, neither do they indicate he received any unfavorable ratings and/or convictions by court-martial.  His record shows he completed 1 year, 8 months, and 27 days of active military service during which he served in combat and was awarded the Combat Infantryman Badge.  Furthermore, he was honorably released from active duty and he had no lost time.  It appears he met the criteria for the first award of the Army Good Conduct Medal.  Any doubt should be ruled in his favor and he should be awarded the Army Good Conduct Medal as a matter of equity.

3.  The evidence of record shows the applicant served a period of qualifying service for award of the NDSM and is entitled to the UNSM based on award of the Korean Service Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

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


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 Purple Heart for wounds received in action in the Republic of Korea on 10 October 1951
* awarding him the Army Good Conduct Medal (1st Award) for the period 8 September 1950 through 4 June 1952
* amending his DD Form 214 to add award of the Purple Heart, Army Good Conduct Medal (1st Award), NDSM, UNSM, and ROKWSM



      ______________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)                                         AR20100015378



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021754



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1