IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140010530 


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 show award of the Distinguished Service Cross (DSC).

2.  The applicant states it was never added to his discharge document.

3.  The applicant provides:

* DD Form 214
* DSC Certificate

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 was inducted into the Army of the United States on 12 November 1952.  He served as an infantryman in Korea from 29 April 1953 to 26 May 1953.

3.  His records contain a WD AGO Form 0707 (Record of Award of Purple Heart), dated 1 June 1953, which shows he was awarded the Purple Heart for wounds received in action in Korea on 24 May 1953.

4.  On 31 December 1953, he was discharged by reason of permanent disability.

5.  His DD Form 214 shows he was awarded or authorized the:

* Combat Infantryman Badge
* Korean Service Medal with one bronze service star
* United Nations Service Medal

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "Korea 24 May 1953."

7.  Department of the Army General Orders Number 26, dated 2 April 1954, awarded him the DSC for extraordinary heroism in Korea on 24 May 1953.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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 or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the DSC for extraordinary heroism in Korea on 24 May 1953.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The WD AGO Form 0707 which shows he was awarded the Purple Heart for wounds received in action in Korea on 24 May 1953 is accepted as sufficient evidence on which to base adding award of the Purple Heart to his DD Form 214.

3.  He served a qualifying period for award of the NDSM and ROKWSM.  Therefore, his DD Form 214 should be corrected to show these medals.

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 adding award of the DSC, Purple Heart, NDSM, and ROKWSM to his DD Form 214.



      _____________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)                                         AR20140010530



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ABCMR Record of Proceedings (cont)                                         AR20140010530



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