BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140016462 


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 Combat Infantryman Badge (CIB), Purple Heart, and the Korean Service Medal (KSM) with three bronze service stars.
 
2.  He states he should have been awarded the CIB and the KSM with three bronze service stars.  He adds he was involved in three battles during his service in the Korean War:  the Iron Triangle, Old Baldy Ridge, and Sandbag Castle.

3.  He provides his DD form 214 (Report of Separation from the Armed Forces of the United States), a statement written in his behalf, and a Patient Inquiry document. 

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 ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant.

3.  Records show the applicant enlisted in the Regular Army (RA) on 17 January 1949.  He served 4 years and 6 days on active duty and he was honorably discharged on 22 January 1953.

4.  The exact dates of the applicant's service in the Republic of Korea (ROK) are unknown.  Additionally, the available evidence does not show he sustained wounds or was treated for wounds incurred as a result of hostile action.

5.  His DD Form 214 shows in:

* Item 4 (Component and Branch or Class), RA Artillery
* Item 5 (Specialty Number or Symbol), 1602 (Antiaircraft Artillery Automatic Weapons Chief)
* Item 26 (Foreign and/or Sea Service),  "00  10  10"
* Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* KSM with one bronze service star
* United Nations Service Medal
* One overseas service bar

* Item 28 (Most Significant Duty Assignment), 21st Antiaircraft Artillery Automatic Weapons (AW) Battalion
* Item 29 (Wounds Received as a Result of Action with Enemy Forces), None

6.  The applicant provides a statement written on his behalf where he describes to the author multiple combat situations he participated in as a sniper.  He states he was required to clear out the tanks.  Most of the heavy fire was at the end of his tour in 1952 and 1953.  He recalls being hit by enemy fire on his helmet and sustaining migraine headaches as well as traumatic brain injury.  The author states she was not sure if the applicant was entitled to the Purple Heart since he was hit with enemy gunfire during a battle in Korea, but she would strongly advocate for the courageous Army veteran to receive it if eligible.


7.  He also provides a patient inquiry document, printed on 10 September 2014, that shows he received a combined disability rating of 40 percent (%) for:

* Post-traumatic stress disorder (30%)
* Migraine headaches (10%)
* Duodenal Ulcer (10%)
* Facial scars (0%)

8.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

9.  Army Regulation 600-8-22 states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is awarded for wear on the KSM for participation in each of the following campaigns:

* United Nations (UN) Defensive (27 June - 15 September 1950)
* UN Offensive (16 September - 2 November 1950)
* Chinese Communist Forces (CCF) Intervention (3 November 1950 - 
24 January 1951)
* First UN Counteroffensive (25 January - 21 April 1951)
* CCF Spring Offensive (22 April - 8 July 1951)
* UN Summer-Fall Offensive (9 July - 27 November 1951)
* Second Korean Winter (28 November 1951 - 30 April 1952)
* Korea, Summer-Fall 1952 (1 May - 30 November 1952)
* Third Korean Winter (1 December 1952 - 30 April 1953)
* Korea, Summer 1953 (1 May - 27 July 1953)

10.  Army Regulation 600-8-22 provides, in pertinent part, that 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 by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record and the applicant provides insufficient evidence to show he was eligible for award of the CIB.  The evidence indicates he was assigned to the 21st Antiaircraft Artillery AW Battalion during his service in the ROK.  The evidence further shows his branch was listed as artillery and he held an artillery MOS.  Additionally, there is no evidence to show he physically participated in combat while his unit was actively engaged with the enemy.  Therefore, there is insufficient evidence to show he met the minimum eligibility criteria for award of the CIB. 

2.  The exact dates of his service in the ROK are unknown.  In the absence of documentation verifying the exact dates, additional service stars cannot be awarded for wear with the KSM at this time.  

3.  There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in the ROK.  Regrettably, in the absence of medical records supporting his contention, there is insufficient evidence to support correcting his records to show award of the Purple Heart at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  _X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.
      
      
      
      _______ _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)                                         AR20140016462



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ABCMR Record of Proceedings (cont)                                         AR20140016462



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