IN THE CASE OF:	  

		BOARD DATE:  25 July 2013

		DOCKET NUMBER:  AR20130000537 


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 DD Form 214 (Report of Separation from Armed Forces of the United States) to show award of the Purple Heart.

2.  The applicant states he received the Purple Heart in September 1951 while serving with Company L, 17th Infantry Regiment, 7th Infantry Division, but it is not listed on his DD Form 214.

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of Awards) and his Purple Heart 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 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.  His DD Form 214 shows:

* he was inducted into the Army of the United States on 3 January 1951
* he held military occupational specialty 4745 (Light Weapons Infantryman)
* highest grade held was corporal (temporary)

4.  He was released from active duty on 4 October 1952.  He completed 1 year, 9 months, and 2 days of total active service with no lost time, of which 11 months and 7 days were foreign service.

5.  His DD Form 214 shows he was awarded or authorized the:

* Korean Service Medal with one bronze service star
* Combat Infantryman Badge
* United Nations Service Medal

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "SHRAPNEL SEPT. 2, 1951."

7.  The information from the hospital admissions cards created by the Office of the Surgeon General (OTSG) for the year 1951 as well as the National Archives database confirms he was seriously wounded by grenade fragments in Korea on 2 September 1951.  He was treated at the Osaka Army Hospital, Japan, and released to duty on 5 November 1951.

8.  The applicant provided a copy of his Purple Heart Certificate, dated 13 January 1992.

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

10.  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.

11.  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.

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

	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 between 11 September 2001 and 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Purple Heart.

2.  His DD Form 214 clearly shows he was wounded in action in Korea on 2 September 1951.  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.

3.  He served a qualifying period of service for award of the National Defense Service Medal and 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.

4.  The applicant completed 1 year, 9 months, and 2 days of creditable active service with no lost time during this period.  Although his conduct and efficiency ratings are unknown, it is reasonable to presume both were "excellent" given the fact that he was awarded the Combat Infantryman Badge and achieved the rank of corporal.  He appears to have met the criteria for the first award of 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 3 January 1951 through 4 October 1952
* adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)


* National Defense Service Medal
* 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)                                         AR20130000537



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000537



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1