IN THE CASE OF:	  

	BOARD DATE   18 November 2014

	DOCKET NUMBER:  AR20140005798


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 military records to show he was awarded the Purple Heart for wound(s) sustained in the Republic of Korea (ROK).

2.  The applicant makes no statement.

3.  The applicant provides copies of:

* DD Forms 214 (Report of Separation from the Armed Forces of the United States), effective 21 February 1950 and 21 February 1953
* Battle Casualty Reports, Office of The Adjutant General of the Army, dated 11 September 1950, 11 October 1950, and 19 March 1951
* Casualty Reports, 65th Engineer Combat Construction Battalion, prepared on 12 March 1951 and 17 March 1951

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 19 July 1949, the applicant enlisted in the Regular Army and was trained as a cook.

3.  On 21 February 1950, the applicant was honorably discharged for the purpose of immediate reenlistment.  The following day he reenlisted.

4.  The applicant’s WD AGO Form 24A (Service Record) for the period 
22 February 1950 to 21 February 1953 shows:

   a.  he arrived in Japan on 23 May 1950;
   
   b.  he was assigned to Company C, 65th Engineer Combat Battalion on              2 June 1950;

   c.  he departed Japan with his unit on 10 July 1950 and he arrived in the ROK on 11 July 1950;

d.  he participated in the following campaigns:

* United Nations (UN) Defensive
* UN Offensive
* Chinese Communist Forces (CCF) Intervention
* First UN Counteroffensive
* CCF Spring Offensive

    e.  he received a bullet wound in his left shoulder on 4 September 1950 as a result of enemy action;

    f.  he had 7 continuous months of service credit as of 22 February 1950 for the Army Good Conduct Medal (AGCM);

    g.  he was promoted to corporal effective 1 June 1951; and

    h.  he departed the ROK on 8 July 1951 and he was assigned to Fort Custer, MI.



5.  The applicant was honorably discharged on 21 February 1953.  His DD Form 214 for this period of service shows:

a. the "AOM (Japan)" (Army of Occupation Medal with Japan 
Clasp) and "KSM" (Korean Service Medal);

      b.  his most significant unit as Company C, 65th Engineer Combat Battalion;

c.  his wounding on 4 September 1950 at the Han River, Korea; and

d.  completion of 3 years and 7 months of creditable active duty service.

6.  A WD AGO Form 0365 (Battle Casualty Report) filed on 13 September 1950, as provided by the applicant and filed in his military records states he was slightly wounded in action on 4 September 1950.  The report provides instructions on how to address his mail to the hospital.

7.  A WD AGO Form 0365, filed on 12 October 1950, reports the applicant was returned to duty on 2 October 1950.

8.  A WD AGO Form 8-26, dated 7 March 1951, states the applicant was wounded in action resulting in a bruise to his left knee.  No treatment was given.

9.  A FEC AGO Form 241 (Casualty Report), prepared on 12 March 1951, states the applicant received a slight wound in action when an enemy mortar shell exploded causing a rock to hit him.  The form makes no mention of him being admitted for medical treatment.

10.  Army Regulation 600-8-22 (Military Awards):

      a.  The Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

       b.  The Korean Service Medal is awarded for qualifying service in the ROK between 27 June 1950 and 27 July 1954.  A bronze service star is affixed to this medal to denote participation in each campaign.  A silver service star denotes participation in five campaigns.

       c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.
       d.  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.

       e.  The United Nations Service Medal was awarded for service in the ROK between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award of this medal.

       f.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the AGCM, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 and 2 March 1946.  The current standard for award of the AGCM is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II and the Korean Conflict.  This publication shows that the 65th Engineer Combat Battalion, 25th Infantry Division, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 49, dated in 1951 for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation); and in DAGO Number 35, dated in 1951 for award of the ROK Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was awarded the Purple Heart for wound(s) sustained in the ROK.

2.  The available evidence shows the applicant was wounded as a result of enemy action on 4 September 1950 and again on 7 March 1951.  However, only his first wound required medical treatment and qualified for award of the Purple Heart.  Therefore, he should be awarded a Purple Heart and have it shown on his DD Form 214.




3.  General orders show that the applicant's unit was awarded the following awards which should be shown on his DD Form 214:

* Presidential Unit Citation
* ROK Presidential Unit Citation

4.  Records show the applicant participated in five campaigns during his service in the ROK.  Therefore, he is authorized to wear a silver service star on his already-awarded Korean Service Medal.

5.  The applicant’s records clearly show he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

7.  The applicant served in the ROK during a qualifying period for award of the United Nations Service Medal.  Therefore, his records should be corrected to show this award.

8.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records 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, in particular his 
DD Form 214 ending on 21 February 1953, be corrected by:

      a.  awarding him the Purple Heart for wounds sustained as a result of enemy action on 4 September 1950;

      b.  awarding him the Army Good Conduct Medal for the period 19 July 1949 to 18 July 1952;

      c.  deleting the "AOM (Japan)" and "KSM"; and

      d.  adding the following awards:

* Purple Heart
* Army Good Conduct Medal
* Presidential Unit Citation
* Republic of Korea Presidential Unit Citation
* Korean Service Medal with one silver service star
* Army of Occupation Medal with Japan Clasp
* National Defense Service Medal
* Republic of Korea War Service Medal
* United Nations 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20140005798



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