IN THE CASE OF:	  

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130021224 


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

2.  The applicant states the Purple Heart needs to be added to his DD Form 214 and he would like it awarded to him.  He has service treatment records that show he was wounded in action.  He was not aware [until recently] that the Purple Heart was omitted from his DD Form 214.

3.  The applicant provides his DD Form 214, a Battle Casualty Report, one page of his DA Form 20 (Qualification Record - Enlisted Personnel), four pages of his WD AGO 24A (Service Record), four letters, and 10 pages of various medical records.

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 the applicant's records were lost or destroyed in that fire.  However, the applicant's reconstructed record contains numerous documents which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 14 January 1949 and he held military occupational specialty 4745 (Light Weapons Infantryman).  He served in Korea from:

* 12 - 23 December 1949, assigned to the 15th Replacement Company
* 24 December 1949 - 9 July 1951, assigned to the Heavy Mortar Company, 8th Cavalry Regiment
* 10 - 10 July 1951, assigned to Headquarters (HQ) Replacement Battalion

4.  His reconstructed record contains various medical records that show he was admitted to the 8th Army Medical Facility, Korea, on 7 February 1951 for injuries received in action on that date when a mortar base plate was dropped on his foot.  He was subsequently transferred to the 10th Station Hospital, then the Sasebo Station Hospital, Korea, released from the hospital on 2 March 1951, and returned to duty.

5.  He was honorably discharged from active duty on 12 September 1952 by reason of expiration of term of service.  His DD Form 214 shows he completed 3 years, 1 month, and 29 days of creditable active service of which 1 year, 7 months, and 28 days was overseas service and he had no lost time.  

6.  The DD Form 214 he was issued shows award of the:

* Army of Occupation Medal (Japan)
* Korean Service Medal with five bronze service stars
* Combat Infantryman Badge
* Republic of Korea Presidential Unit Citation

7.  A review of the Korean casualty roster confirms he was seriously wounded in action on Korea on 7 February 1951.  His reconstructed record is void of orders awarding him the Purple Heart.


8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Section 24 (Indorsements) of his WD AGO Form 24A shows he had all “excellent” conduct and efficiency ratings throughout his service except for the dates below when he was received "unknown" ratings:

* 21 - 23 November 1949, assigned to the Replacement Center, Fort Lewis, WA
* 12 - 23 December 1949, assigned to 15th Replacement Center, Korea
* 10 - 10 July 1951, HQ Replacement Battalion, Korea
* 22 - 22 July 1951, 6212 [Replacement Company (RC)], AS, Camp Stoneman, CA
* 29 August - 1 September 1951, 10th Replacement Company, Fort Riley, KS
* 13 - 18 September 1951, HQ, 6th Infantry Division, Fort Ord, CA
* 24 - 24 September 1951, HQ, 6230th RC, Fort Ord

10.  His reconstructed record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

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

   a.  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.  National Defense Service Medal 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.  
   
	c.  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.  United Nations Service Medal 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.

12.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War.  This pamphlet shows the Heavy Mortar Company, 8th Cavalry Regiment was cited for award of the Distinguished Unit Citation (now called the Presidential Unit Citation) for the period 14 to 19 September 1950 by DA General Orders (DAGO) Number 38, dated 1952.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded as a result of enemy action in Korea on 7 February 1951.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  He served honorably during the period 14 July 1949 through 12 September 1952.  His reconstructed record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  He received all “excellent” conduct and efficiency ratings throughout his military service except for the “unknown” ratings he received for a total of 30 days when he either first arrived to a unit or was temporarily at a replacement company.  In addition, his DD Form 214 confirms he had no lost time.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

3.  He served in Korea during a qualifying period for award of the National Defense Service Medal, Republic of Korea War Service Medal, and the United Nations Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards

4.  His unit in Korea was also awarded the Distinguished Unit Citation (Presidential Unit Citation) during the period he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.


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 exemplary behavior, efficiency, and fidelity during the period 14 July 1949 through 13 July 1952
* awarding him the Purple Heart for wounds received in action in Korea on 7 February 1951
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* National Defense Service Medal
* Republic of Korea War Service Medal
* United Nations Service Medal
* Presidential Unit Citation

* issuing the applicant the awards listed above



      _______ _   _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)                                         AR20130021224





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ABCMR Record of Proceedings (cont)                                         AR20130021224



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