IN THE CASE OF:	  

		BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130011151 


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 the Purple Heart. 

2.  He states he wishes to have the Purple Heart added to his record for Department of Veterans Affairs benefits.

3.  He provides his DD Form 214 and a telegram.

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 1 November 1950, the applicant entered active duty as a member of the Enlisted Reserve Corps (ERC).  
3.  A WD AGO Form 24A (Service Record) shows in:

* Section 6 (Original Assignment and Organizations to which Subsequently Assigned During this Period of Service), he was assigned to 

* Heavy Tank Company, 15th Infantry Regiment, on 16 January 1951
* 10th Station Hospital on 2 April 1951
* Heavy Tank Company, 15th Infantry Regiment, from 24 April 1951 until he was reassigned for return to the United States

* Section 14 (Service Outside Continental United States), he arrived in Korea on 10 January 1951 and departed Korea on 25 October 1951
* Section 21 (Medals, Decorations, and Citations), no entry for the Purple Heart

4.  A Far East Command (FEC) AGO Form 241 (Casualty Report) shows he was a battle casualty, lightly wounded in action on 24 March 1951, and returned to duty on 14 April 1951.

5.  A form entitled Extract from Sick Reports shows that Morning Reports of the 10th Station Hospital showed he was:

* hospitalized form 26 March through 11 April 1951
* diagnosed with a sprained left ankle
* wounded in action

6.  A form entitled Battle Casualty Report, dated 12 April 1951, shows he was slightly injured in action in Korea on 24 March 1951.

7.  On 21 November 1951, he was honorably released from active duty and returned to the ERC.  His DD Form 214 shows in 

* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* Combat Infantryman Badge
* Korean Service Medal (KSM) with two bronze service stars
* Good Conduct Medal

* item 29 (Wounds Received as a Result of Action with Enemy Forces) – "FRACTURE R/FOOT MINE EXPLOSION 24 MAR 51"


8.  His record is void of documentation indicating orders were published awarding him the Purple Heart.  

9.  He provides a telegram showing The Adjutant General notified his parents that he had been slightly injured in action in Korea on 24 March 1951.  

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

11.  A review of his record indicates he is entitled to additional decorations not shown on his DD Form 214.  

12.  Army Regulation 600-8-22 states:

	a. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	b.  The United Nations (UN) Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	c.  The Republic of Korea War Service Medal (ROKWSM) 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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign credits received by units during the Korean War.  

	a.  The pamphlet shows the 15th Infantry Regiment was cited for award of the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 18 April to 11 May 1951, by Department of the Army General Orders Number 20, dated 1953.  

	b.  The pamphlet shows the 15th Infantry Regiment was credited with participation in four campaigns during the period the applicant served in the unit:

* Chinese Communist Forces (CCF) Intervention (3 November 1950 to 24 January 1951)
* First UN Counteroffensive (25 January to 21 April 1951)
* CCF Spring Offensive (22 April to 8 July 1951)
* UN Summer-Fall Offensive (9 July to 27 November 1951)

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the KSM, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence indicates the applicant was wounded as a result of hostile action.  While there are some discrepancies with regard to the severity of the wound he received, the available evidence is a sufficient basis for awarding him the Purple Heart and correcting his DD Form 214 to show the award.

2.  His unit was credited with participation in four campaigns during his service in Korea.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear with his previously-awarded KSM.

3.  He served honorably during a period of eligibility for the NDSM.  He is entitled to correction of his DD Form 214 to show this award.

4.  Based on his service in Korea, he is eligible for the UNSM and the ROKWSM.  He is entitled to correction of his DD Form 214 to show these awards.

5.  He served in the 15th Infantry Regiment during a period for which the unit was cited for award of the ROKPUC.  He is entitled to correction of his DD Form 214 to show this unit 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 Purple Heart for wounds he received in action on 24 March 1951 and

	b.  making the following deletion from and additions to item 27 of his DD Form 214 – 

		(1) delete "KOREAN SERVICE MEDAL W/2 BRONZE SERVICE STARS"

		(2) add – 

* Purple Heart
* KSM with four bronze service stars
* NDSM
* UNSM
* ROKWSM
* ROKPUC



      __________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)                                         AR20130011151





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ABCMR Record of Proceedings (cont)                                         AR20130011151



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