RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 November 2005 DOCKET NUMBER: AR20050001609 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: Mr. James Anderholm Chairperson Mr. Thomas O'Shaughnessy Member Ms. Carol Kornhoff Member 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 July 1952 to show award of the Purple Heart. 2. The applicant states his foot was injured while positioning a 155mm howitzer during an engagement with the enemy on 8 January 1951 in Korea. 3. The applicant provides two January 1951 service medical records. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The American Legion, as counsel for the applicant, requests correction of the applicant's military records to show award of the Purple Heart, a second award of the Good Conduct Medal, the United Nations Service Medal, and the National Defense Service Medal. 2. Counsel points out that there is an entry in a 1956 service medical record indicating "Chip fracture of left foot 1950 Korea, artillery weapon fell on foot no complications non sequelae." Counsel states it is clear that the applicant was injured when a shell, a part of the 155mm cannon, an instrument of war, in use by the allied forces, fell on, struck, or was ejected onto his right foot while his battery was firing in the conflict against enemy forces. 3. Counsel provides a statement, dated 28 June 2005. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 13 November 1956. The application submitted in this case is dated 14 January 2005. 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 enlisted on 14 July 1949 for a period of 3 years. He served as a cannoneer in Korea from 14 July 1950 through 9 June 1951 and was honorably discharged on 18 July 1952 for immediate reenlistment. 4. The applicant's DD Form 214 for the period ending 18 July 1952 shows the Korean Service Medal with three bronze service stars as an authorized award. 5. There are no orders for the Purple Heart in the available records. There is also no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea. 6. Section 8 (Wounds Received Through Enemy Action) on the applicant’s service record is blank. 7. The applicant underwent a separation physical examination on 15 July 1952 which makes no mention of any injuries or wounds sustained as the result of hostile action. 8. The applicant’s name does not appear on the Korean War Casualty Roster. 9. In support of his claim for award of the Purple Heart, the applicant provided two service medical records which show his right foot was struck by a trail spade while putting a 155mm howitzer into position on 8 January 1951 in Korea. There is no evidence that this injury was the result of hostile action. 10. Section 24 (Indorsements) on the applicant's service record shows he was favorably considered for award of the Good Conduct Medal by his chain of command on 14 July 1952. 11. The applicant reenlisted on 19 July 1952 for a period of 6 years. He served as a track vehicle mechanic and was honorably discharged on 13 November 1956. 12. The applicant's DD Form 214 for the period ending 13 November 1956 shows the Good Conduct Medal as an authorized award. 13. The available records contain a charge sheet, dated 6 November 1953, which shows unknown charges were preferred and referred to a summary court-martial. However, there is no evidence which shows the applicant received a summary court-martial conviction. 14. The applicant's service record shows that he received an efficiency rating of "Good" for the period 3 July 1956 to 13 November 1956. 15. 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. The regulation also states that individuals wounded or killed as a result of "friendly fire" in the "heat of battle" will be awarded the Purple Heart as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 16. Army Regulation 600-68, in effect at the time, provided policy and criteria concerning award of the Good Conduct Medal. 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 or, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war. The regulation also stated, in pertinent part, this award would not be made to an enlisted man whose records, during the required period of service, disclose a conviction by any court-martial, nor to one whose character or efficiency is rated below excellent. 17. 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. 18. 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. 19. 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. 20. 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 service medical records provided by the applicant do not show that his right foot injury was the result of hostile action in Korea. There is no evidence of record which shows that the applicant was wounded or treated for wounds sustained as a result of hostile action in Korea. Since he was not injured by the howitzer's "released projectile" (i.e. by the shell fired at the enemy) he does not meet the criteria for award of the Purple Heart based on friendly fire. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case. 2. Counsel's contention that the applicant is entitled to a second award of the Good Conduct Medal is noted. Although the applicant was favorably considered for the first award of the Good Conduct Medal on 14 July 1952 by his chain of command, he was not awarded this medal during his first enlistment. Evidence of record shows the applicant received the first award of the Good Conduct Medal during his second enlistment. Since his record of service during his second enlistment included an efficiency rating of "Good" during the period 3 July 1956 to 13 November 1956, and this is a disqualification for award of the Good Conduct Medal, it appears the applicant should not have been awarded the Good Conduct Medal for his second period of service. Therefore, it appears he was only eligible for one award of the Good Conduct Medal, and he has that one award. 3. The applicant served a period of qualifying service for award of the United Nations Service Medal and the National Defense Service Medal. 4. Records show the applicant should have discovered the alleged error now under consideration on 13 November 1956; therefore, the time for the applicant to file a request for correction of any error expired on 12 November 1959. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart. 5. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING JA_____ TO______ CK______ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. The Board determined that administrative errors in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the United Nations Service Medal and the National Defense Service Medal. ___James Anderholm____ CHAIRPERSON INDEX CASE ID AR20050001609 SUFFIX RECON DATE BOARDED 20051101 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107.0015 2. 107.0000 3. 4. 5. 6.