IN THE CASE OF:	  

		BOARD DATE:  27 June 2013

		DOCKET NUMBER:  AR20120022278 


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.  

2.  The applicant states he never received the Purple Heart after his discharge in 1953.  He is 82 years of age now and he feels he was overlooked back then.

3.  The applicant provides his DD Forms 214 (Report of Separation from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 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 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's DD Form 214, ending on 13 July 1950, shows he enlisted in the Regular Army for 3 years on 5 August 1947.  This form also shows he held military occupational specialty 1761 (Reconnaissance Chief) at the time of his separation and his most significant duty assignment (i.e., his last duty assignment) was with Headquarters Company, 2nd Battalion, 24th Infantry Regiment.  

4.  He was honorably released from active duty in the rank of sergeant (SGT) on 13 July 1950, for the convenience of the Government.  He completed 2 years, 
11 months, and 9 days of total active service, of which 2 years, 5 months, and 
24 days was foreign service.  His DD Form 214 shows he was awarded or authorized the Army of Occupation Medal with Japan Clasp.  It also shows he had no lost time.

5.  His DD Form 214, ending on 21 September 1953, shows he reenlisted in the Regular Army on 20 September 1950.  This form also shows at the time of his separation his most significant duty assignment was with Company F, 278th Recruit Battalion, Fort Devens, MA.  

6.  His DD Form 214 further shows he was honorably discharged from active service in the rank of sergeant first class (SFC) on 21 September 1953 at the expiration of his term of service.  He completed 3 years and 2 days of creditable active military service, including 9 months and 7 days of foreign service.  He had no lost time.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Combat Infantryman Badge
* Army of Occupation Medal (Japan)
* Korean Service Medal 
* United Nations Service Medal

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "Gunshot Wound, Right Thigh, Korea, 20 May 1951." 

9.  The information from the hospital admissions cards created by the Office of the Surgeon General (OTSG) for the year 1951 confirms he was wounded on
20 May 1951 as a result of enemy action.
10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Purple Heart is awarded for a wound 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.

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

	c.  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 for 30 consecutive days or on temporary duty for
30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	d.  Bronze service stars are worn on campaign and service medals to denote participation in a named campaign (for example Korean Service Medal).  

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 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.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 clearly shows he was wounded in action on 20 May 1951 in Korea.  This injury is further confirmed with the information compiled by the OTSG.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  He served a qualifying period of service for entitlement to the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant's DD Form 214 shows the Korean Service Medal.  His exact dates of service in Korea are unknown.  However, having been wounded in Korea on 20 May 1951 confirms he participated in at least one campaign while in Korea.  Therefore, he is entitled to a bronze service star to be affixed to the Korean Service Medal and correction of his DD Form 214 accordingly.  

4.  The applicant initially completed 2 years, 11 months, and 9 days of creditable active service from 5 August 1947 through 13 July 1950 with no lost time during his first enlistment.  He was separated - for the convenience of the Government - in the rank of SGT.  Although his conduct and efficiency ratings are unknown, it is reasonable to presume both were “excellent” given the fact that he reenlisted two months later.  He appears to have met the criteria for award of the Army Good Conduct Medal (1st Award). 

5.  The applicant then completed 3 years and 2 days of creditable active service from 20 September 1950 through 21 September 1953, with no lost time, during his second enlistment.  Although his conduct and efficiency ratings are unknown, it is reasonable to presume both were “excellent” given the fact he served in Korea, was wounded in action, received the Combat Infantryman Badge, had no lost time, and he was separated in the rank of SFC.  He appears to have met the criteria for award of the Army Good Conduct Medal (2nd Award). 

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period
5 August 1947 through 13 July 1950
* awarding him the Army Good Conduct Medal (2nd Award) for the period 20 September 1950 through 19 September 1953
* awarding him the Purple Heart for wounds received in action in Korea on 20 May 1951
* deleting from item 27 of his DD Form 214 the Korean Service Medal
* adding to item 27 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Korean Service Medal with one bronze service star
* Republic of Korea War Service Medal



      _______ _  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)                                         AR20120022278





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ABCMR Record of Proceedings (cont)                                         AR20120022278



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