IN THE CASE OF:	  

		BOARD DATE:	 25 June 2015 

		DOCKET NUMBER:  AR20140019103 


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 records to show award of the Purple Heart.  

2.  The applicant states his records do not reflect the Purple Heart despite receipt of the medal by his parents at the time.  He was missing in action in Korea.  The missing award affects his disability entitlements. 

3.  The applicant provides:

* Honorable Discharge Certificate
* WD AGO Form 824G (Medical Document) 
* Standard Form 88 (Report of Medical Examination)
* FEC AGO Form Number 241 (Casualty Report)
* Additional medical documents 
* DD Form 214 (Report of Separation from the Armed Forces of the United States)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 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 was inducted into the Army of the United States in Oklahoma City, OK, on 21 November 1950 and he held military occupational specialty 2704 (Field Artillery Recorder). 

3.  His WD AGO Form 24A (Service Record) shows the following entries in applicable sections:  

* Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service) shows he served in Korea as follows: 

* Heavy Mortar Company, 24th Infantry Regiment, 1 May 1951 to 29 September 1951
* Company G, 5th Cavalry Regiment, 30 September to 9 November 1951
* 343rd General Hospital, 10 November 1951 to 3 December 1951
* Camp Drake, Japan, 4 to 14 December 1951

* Section 8 (Wounds Received Through Enemy Action) shows he sustained a shrapnel wound to the right leg on 22 October 1951
* Section 9 (Remarks, Administrative) shows his conduct and efficiency ratings were excellent and he was favorably recommended for award of the Army Good Conduct Medal
* Section 14 (Service Outside Continental United States) shows he served in Korea from 23 April 1951 to 9 November 1951

4.  General Orders (GO) Number 27, issued by Headquarters, 343rd General Hospital on 14 November 1951 awarded him the Purple Heart for wounds received in action on 22 October 1951 in Korea. 

5.  He was honorably released from active service at Camp Polk, LA, in the rank/grade of sergeant/E-5 (Temporary) on 20 August 1952.  He completed 1 year and 9 months of creditable active service with no lost time, of which 8 months and 19 days was foreign service.  

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and United Nations Service Medal.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The 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.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	c.  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.  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.

9.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration would not be disqualifying.  There must have been no convictions by court-martial.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant's records clearly show he was wounded in action on 22 October 1951 in Korea.  This injury is documented on multiple casualty reports.  Additionally, GO awarded him the Purple Heart for wounds received in action on 22 October 1951 in Korea.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award in item 27 and a combat wound in item 29. 

2.  He served a qualifying period of service for entitlement to the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He served honorably during the period 21 November 1950 through 20 August 1952.  He completed 1 year and 9 months of creditable active service with no lost time.  He received "excellent" character and efficiency ratings throughout his military service and he was favorably considered for award of the Army Good Conduct Medal.  His records contain no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and to correct his records 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 the evidence presented is 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:

* deleting from item 29 the entry "None" and adding the entry "Korea, 22 October 1951"
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 November 1950 through 20 August 1952
* adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), National Defense Service Medal, and Republic of Korea War 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)                                         AR20140019103





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ABCMR Record of Proceedings (cont)                                         AR20140019103



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