IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140015279 


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, that he be awarded the Purple Heart and the Presidential Unit Citation (PUC) with One Oak Leaf Cluster.

2.  The applicant states that he was in a MASH (Mobile Army Surgical Hospital) for about a week and his "halftrack" was assigned to a Turkish outfit for about a month.  He goes on to state that he was told by his captain that he would be awarded the Purple Heart as his hand was crushed right after a battle.  He also states that he was told that they would get a unit citation with an oak leaf cluster for giving the "Turks" support. 

3.  The applicant provides copies of his DD Forms 214 (Report of Separation from the Armed Forces of the United States).

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 military records are not available 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 documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 18 January 1948 for a period of 3 years.  He served until he was honorably discharged at Camp Kilmer, New Jersey on 20 January 1952 for the purpose of immediate reenlistment.  He had served 3 years and 3 days of active service of which 2 years, 2 months, and 
18 days were foreign service.  The DD Form 214 issued at the time of his discharge shows he was awarded the Korean Service Medal with five bronze service stars.  It also shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry “None.” 

4.  He reenlisted on 21 January 1952 for a period of 6 years and served until he was honorably discharged on 24 May 1954 due to hardship.

5.  A review of the applicant’s pay records show he served in Korea during five campaigns with Battery D, 21st Anti-Aircraft Artillery (Automatic Weapons) Battalion from September 1950 to October 1951.

6.  A review of the available records failed to show the applicant was wounded or injured or that he was awarded the Purple Heart.  Additionally, his name is not contained on the Korean War Casualty Listing.

7.  Department of the Army Pamphlet 672-1 (Unit Campaign and Campaign Participation Register) shows the applicant’s unit was awarded the Navy Presidential Unit Citation (NPUC) for the periods 21 – 25 April, 
16 May – 30 June, and 11 – 25 September 1951 in Department of the Army General Orders Number 38-57.  Additionally, his unit was awarded the Republic of Korea Presidential Unit Citation (ROKPUC).  

8  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.

9.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

10.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.  

11.  Army Regulation 600-8-22 states the United Nations 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 establishes eligibility for the UNSM.

12.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during qualifying periods for awards of the NDSM, UNSM, and ROKWSM.  Accordingly, he should be issued these medals and they should be added to his DD Form 214.

2.  The applicant’s unit was awarded the NPUC and the ROKPUC during the period he served with the unit and is entitled to have those awards added to his DD Form 214.  However, there is no evidence to show his unit was awarded two NPUCs during the period he served with the unit.

3.  Additionally, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he qualifies for award of the Purple Heart.  Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the awards of the NDSM, UNSM, ROKWSM, NPUC and ROKPUC to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Purple Heart and two awards of the NPUC to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   ____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)                                         AR20140015279



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ABCMR Record of Proceedings (cont)                                         AR20140015279



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