IN THE CASE OF:	

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150003544 


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:

The applicant requests, in effect, 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 this award.  The applicant defers to counsel for all arguments and evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests award of the Purple Heart to the applicant for wounds he sustained in action during the Korean War and correction of the applicant's DD Form 214 to show this award.

2.  Counsel states:

* the applicant sustained an injury during the Korean War while directly engaging with enemy forces in Pusan, Korea, in August 1950
* having been wounded by enemy forces, he should have been awarded the Purple Heart
* the wound he sustained is clearly documented on his military separation medical examination which states, "shrapnel wound left anterior tibia – August 1950 – Korea – Particle later extruded spontaneously"
* the applicant was awarded the Combat Infantryman Badge for combat service in Korea with the 5th Infantry Regiment
* this clear and convincing evidence should warrant award of the Purple Heart

3.  Counsel provides:

* letter addressed to the Army Review Boards Agency (ARBA)
* Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
* ARBA letter addressed to counsel
* applicant's DD Form 214
* applicant's Report of Medical Examination

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  Some of his records may have been lost or destroyed in that fire.  With the exception of documents relating to requests for records, the applicant's available military records contain only two documents:  his DD Form 214 and his Report of Medical Examination for discharge.  However, these documents are sufficient for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he enlisted in the Regular Army on 3 September 1948.  He served in Korea and was awarded or authorized the Korean Service Medal with three bronze service stars, Army of Occupation Medal (Japan), one overseas service bar, United Nations Service Medal, and Combat Infantryman Badge (awarded on 24 August 1950).

4.  His discharge Report of Medical Examination, dated 27 June 1952, shows the medical examiner recorded an abnormal rating for his lower extremities and entered the notation:  "shrapnel wound left anterior tibia – August 1950 – Korea – Particle later extruded spontaneously."

5.  There are no orders in his available records awarding him the Purple Heart or evidence showing he was treated for a wound sustained in action against an enemy or received as a result of hostile action.

6.  His DD Form 214 shows he was honorably discharged on 30 June 1952 after 3 year, 9 months, and 28 days of net active service.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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.  There are three basic 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.

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Counsel's request for award of the Purple Heart to the applicant was carefully considered.

2.  The applicant's records show he served in Korea and he was awarded the Combat Infantryman Badge for participation in combat action on 24 August 1950. 
His records further show that upon medical examination on 27 June 1952, the medical examiner noted, "shrapnel wound left anterior tibia – August 1950 – Korea – Particle later extruded spontaneously."

3.  Although his available records are void of documentation specifically showing his wound was the result of hostile action and the wound required treatment by medical personnel at the time of the incident, it is reasonable to conclude from the available documents that he was wounded by hostile action on 24 August 1950 during the same incident for which he was awarded the Combat Infantryman Badge.

4.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

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:

* awarding him the –

* Purple Heart for wounds sustained in action in Korea on 24 August 1950
* Army Good Conduct Medal (1st Award) for the period 3 September 1948 through 30 June 1952

* 
adding the following awards to his DD Form 214 –

* Purple Heart
* Army Good Conduct Medal (1st Award)



      ___________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)                                         AR20150003544



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ABCMR Record of Proceedings (cont)                                         AR20150003544



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