BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010965 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 BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010965 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 Purple Heart for wounds received in action in Korea on 23 January 1953 (Standard Name Line: PFC, 160th Infantry Regiment); b. awarding him the Army Good Conduct Medal (1st Award) for the period 6 March 1951 through 6 March 1954 (Standard Name Line: PFC, Company E, Infantry School Detachment, Headquarters, Special Troops Command, Fort Benning, GA); and b. adding the following awards to item 27 of his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Korean War Service Medal * Republic of Korea Presidential Unit Citation __________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. BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010965 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 military service records to show award of the Purple Heart. 2. The applicant states that he served as a combat infantryman in Korea. On 23 January 1953, he was wounded by shrapnel in the right forearm and he also suffered a concussion. This information is shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States); however, he never received the Purple Heart. 3. The applicant provides a copy of his DD Form 214. 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 military service record is 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, the applicant's DD Form 214 and available Korea-era rosters are sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) on 6 March 1951 and he was honorably discharged on 6 March 1954. He had completed 3 years of net active service this period that included 1 year, 8 months, and 5 days of foreign service with 1 day of time lost. It also shows in: * item 3 (Grade - Rate - Rank and Date of Appointment): Private First Class (Temporary), 20 November 1953 * item 4 (Component and Branch or Class): RA, Infantry * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army of Occupation Medal (Japan) * Combat Infantryman Badge * United Nations Service Medal * National Defense Service Medal * Korean Service Medal with 3 Bronze Service Stars * item 28 (Most Significant Duty Assignment): Company E, Infantry School Detachment (Headquarters, Special Troops Command, Fort Benning, GA) * item 29 (Wounds Received as a Result of Action with Enemy Forces) – * Shrapnel Wound Right Forearm – Korea, 23 January 1953 * Concussion Right Ear – Korea, 23 January 1953 4. There are no orders or other evidence in the applicant's available military service records that shows he was awarded the Purple Heart. 5. A review of the Korean Casualty File revealed the applicant was injured in the North Korea sector, on 23 January 1953, and that he was returned to duty. 6. Information from The Office of the Surgeon General files shows the applicant was assigned to the 160th Infantry Regiment when he received treatment, on 23 January 1953, for wounds to his forearm and face that were sustained as a direct result of action against or by an organized enemy, and that he was returned to duty. 7. A review of the applicant's available military service records failed to reveal evidence of any disciplinary actions, adverse information (other than the 1 day of lost time), or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). REFERENCES: 1. The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape. In 1988, the National Research Council made these tape files available to the National Personnel Records Center (NPRC). It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. b. The Korean War Service Medal is awarded by the Korean government 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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. 3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Korean War. It shows the Republic of Korea Presidential Unit Citation was awarded to the 160th Infantry Regiment by Department of the Army General Orders: * Number 24 (1954) for the period 11 July 1952 to 1 October 1953 * Number 50 (1954) for the period 22 January 1952 to 15 January 1954 4. 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. A Soldier's conduct and efficiency ratings, including those pertaining to attendance at service schools, must have all been recorded as "excellent" or higher. There must have been no convictions by court-martial. DISCUSSION: 1. Records show the applicant received medical treatment, on 23 January 1953, for wounds to his forearm and face that he sustained as a direct result of action against or by an organized enemy while serving in Korea. 2. The applicant's service during the Korean War qualified him for award of the Korean War Service Medal. 3. General orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation. 4. The evidence of record shows the applicant served a period of continuous, honorable active duty enlisted service from 6 March 1951 through 6 March 1964 and he was credited with 3 years of net active service. a. He had 1 day of lost time (for which he served 1 additional day of active duty). b. There is no evidence of any other misconduct, disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal. c. He was promoted to private first class (PFC) and he was awarded the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010965 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2