RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 November 2003  
	DOCKET NUMBER:   AR2003090590

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that he was wounded in action on 20 July 1950 in Korea. 

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a telegram, dated 31 August 1950.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
17 September 1952.  The application submitted in this case is dated 23 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records are not available to the Board 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.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  The applicant enlisted in the Air Corps on 26 June 1946, served as a duty soldier, and was honorably discharged on 31 June 1947.  He enlisted in the Regular Army on 31 August 1949 for a period of 3 years.  He served as an infantryman in Korea and was honorably discharged on 17 September 1952 after completing 3 years and 17 days of creditable service with no time lost.

5.  The applicant's DD Form 214 shows the Korean Service Medal with three bronze service stars, the Distinguished Unit Citation, the Army of Occupation Medal with Japan Clasp, and the Combat Infantryman Badge as authorized awards. 

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows the entry, "None."
 
7.  The applicant provided a copy of a Western Union telegram, dated 31 August 1950, which shows he was slightly wounded in action in Korea on 20 July 1950.

8.  The Korean War Casualty Roster shows the applicant was wounded in action on 20 July 1950.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.    

10.  Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  

12.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

14.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

15.  The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 20 July 1950 in Korea.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years for the period 31 August 1949 through 30 August 1952.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

3.  The applicant served a period of qualifying service for award of the United Nations Service Medal and the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show these medals.    

BOARD VOTE:

JL______  LDS_____  RD_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a.  by awarding him the Purple Heart for wounds received in action on 
20 July 1950 in Korea;

b.  by awarding him the first award of the Good Conduct Medal for the period 31 August 1949 through 30 August 1952;

c.  by correcting his DD Form 214 to show award of the Purple Heart, the Good Conduct Medal, the United Nations Service Medal, and the National Defense Service Medal; and

d.  by amending item 29 on his DD Form 214 to show the entry, "Korea, 20 July 1950" instead of "None."

		_Joann Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003090590	
SUFFIX		
RECON		
DATE BOARDED	20031120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.