IN THE CASE OF: BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017297 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017297 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 13 November 1952 through 30 November 1953; b. awarding him the Purple Heart (1st Award) for wounds sustained as a result of hostile action on 10 July 1953; and c. adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Purple Heart (1st Award) * Republic of Korea Korean War Service Medal * Republic of Korea Presidential Unit Citation (2nd 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. IN THE CASE OF: BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017297 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to add the Purple Heart. 2. The applicant states he was wounded in combat in Korea and lost his eye. He was sent back to Letterman Army Hospital in San Francisco, CA, and he was discharged. 3. The applicant provides: * DD Form 214 * Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim) 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. It is believed that the applicant's records were lost or destroyed in that fire. However, there appears to be sufficient documentation to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army and entered into active duty on 13 November 1952. His DD Form 214 shows his most significant duty assignment as Company H, 17th Infantry Regiment. This form further shows he held an infantry specialty at the time of separation. 4. There are no orders in the applicant's records to show he was awarded the Purple Heart. 5. The applicant was honorably retired on 30 November 1953, due to permanent disability. His DD Form 214 shows he completed 1 year and 18 days of net active service with 4 months of foreign and/or sea service. a. Item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not reflect award of the Purple Heart; however, this item does reflect award of the: * Korean Service Medal with one Bronze Campaign Star * United Nations Service Medal * Combat Infantryman Badge * National Defense Service Medal b. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 contains the entry "Korea 10 July 53." c. Item 38 (Remarks) notes that his separation papers were prepared at Letterman Army Hospital, San Francisco, CA. 6. The applicant's name appears on the U.S. National Archives and Records Administration Korean War Casualty File. This roster shows the applicant was wounded on 10 July 1953, while in the North Korea sector and he was subsequently evacuated. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. For first award only, upon termination of service on or about 27 June 1950, of less than 3 years but more than 1 year. c. The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) 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. The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 2. Army Regulation 600-65 (Service Medals), 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. a. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. b. There must have been no convictions by court-martial; however, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in the Korean War. This pamphlet shows the applicant was assigned to a unit (17th Infantry Regiment) during a period the unit was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 24, dated 1954, for the period 11 July 1952 to 1 October 1953 and DAGO Number 22, dated 1956, for the period 30 September 1950 to 27 July 1953. DISCUSSION: 1. Although there are no orders awarding him the Purple Heart, the Korean War Casualty File shows he was wounded in action on 10 July 1953. This information and the service data listed in item 29 of the applicant’s DD Form 214 corroborate his claim. 2. Records show the applicant served a qualifying period of service for award of the ROK-KWSM. 3. The applicant served a qualifying period for award of the Army Good Conduct Medal (1st Award) from 13 November 1952 through 3 November 1953; however, his DD Form 214 does not reflect this award. In the absence of records to the contrary, it is presumed a Soldier who earns a Combat Infantryman Badge and Purple Heart, and who is honorably retired due to permanent disability in slightly over a year of active service is deserving of this award. 4. The evidence shows the applicant served in Korea during a period his unit was cited for two awards of the Republic of Korea Presidential Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017297 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017297 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2