IN THE CASE OF:	  

		BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130004516 


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 the Armed Forces of the United States) for the period ending 26 August 1953 to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for wounds incurred in November 1952 to his left foot and lower right leg.

3.  The applicant provides:

* 2 DD Forms 214
* DA Form 1577 (Authorization for Issuance of Awards)

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.  On 15 November 1951, the applicant was inducted into the Army of the United States.  He completed training and was awarded military occupational specialty (MOS) 1745 (Light Weapons Infantryman).  He was later awarded MOS 1820 (Chief Subsistence Supply Technician).

3.  Records show the applicant was assigned to Company B, 160th Infantry Regiment, 40th Infantry Division, Korea, for the period 13 July 1952 through 6 November 1952.

4.  A casualty report, dated 1 November 1952, shows that on the same date, the applicant was performing duty in a combat area when he was hit with enemy artillery fire.  He received flesh wounds on his left foot and lower right leg and was evacuated to the 115th Medical Battalion.

5.  General Order Number 24, issued by the 160th Infantry Regiment, dated 25 November 1952, awarded him the Purple Heart for wounds he received in action near Mundung-ni, Korea on 1 November 1952.

6.  On 26 August 1953, he was honorably discharged.  His DD Form 214 for the period ending 26 August 1953 shows he was awarded the following:

* Korean Service Medal with one bronze service star
* United Nations Service Medal

7.  On 27 August 1953, he immediately enlisted in the Regular Army and was honorably discharged on 30 September 1954.  His DD Form 214 for this period of service does not show any awards and decorations.

8.  Review of the available records indicates the applicant is entitled to additional awards not shown on his DD Form 214 for the period ending 26 August 1953.

9.  His record shows he received "excellent" and "unknown" character and efficiency ratings and was favorably considered for award of the Army Good Conduct Medal.  Additionally, his record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good conduct 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.  

11.  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 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.

	b.  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.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to the 160th Infantry Regiment, 40th Infantry Division, Korea, during a period of time the unit was awarded the Republic of Korea Presidential Unit Citation as announced in Department of the Army General Order Number 50, dated 1954, for the period 11 July 1952 through 15 June 1954.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart and his unit was awarded the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his DD Form 214 for the period ending 26 August 1953 to show these awards.

2.  He received "excellent" and "unknown" conduct and efficiency ratings, he was not the subject of disciplinary action, and his record includes annotations showing he was favorably considered for the Army Good Conduct Medal.  Further, he had continuous service during the period 15 November 1951 through 30 September 1954.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 15 November 1951 through 30 September 1954 and correction of his DD Form 214 for the period ending 30 September 1954 to show this award.

3.  He served during a qualifying period for the National Defense Service Medal.  Therefore, his DD Form 214 for the period ending 26 August 1953 should be corrected to show this award.

4.  He completed a qualifying period of service in Korea for the Republic of Korea War Service Medal.  Therefore, his DD Form 214 for the period ending 26 August 1953 should be corrected to show this 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 15 November 1951 through 30 September 1954;

   b.  adding the following to his DD Form 214 ending 26 August 1953:
   
   *	Purple Heart
   *	National Defense Service Medal
   *	Republic of Korea War Service Medal
   *	Republic of Korea Presidential Unit Citation


	c.  adding the Army Good Conduct Medal (1st Award) to his DD Form 214 for the period ending 30 September 1954.




      _______ _   _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)                                         AR20130004516



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ABCMR Record of Proceedings (cont)                                         AR20130004516



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