Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001060378C070421
Original file (2001060378C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2001
         DOCKET NUMBER: AR2001060378


         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Richard T. Dunbar Member
Mr. Donald P. Hupman, Jr. 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)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his records be corrected to show that he was awarded the Purple Heart.

3. The applicant states that he believes that he was awarded the Purple Heart and that it should be reflected on his report of separation (DD Form 214). He further states that he was treated on a ship (U.S.S. Constellation) in the Spring of 1951 and again at Tokyo General Hospital in the Summer of 1951.

4. The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records. However, information contained from reconstructed records show that he enlisted on 27 February 1948 for a period of 3 years

5. His records show that he served 3 years, 4 months and 4 days of foreign service and was awarded the Combat Infantryman Badge, the Korean Service Medal with one bronze service star and the Army Occupation Medal (Japan).

6. He was honorably discharged on 29 February 1952 in the rank of private (E-2) and his DD Form 214 indicates that he had no wounds received as a result of action with the enemy.

7. On 25 July 1984 the Adjutant General of the Army issued an authorization to award the applicant the Purple Heart for wounds received in action in Korea (date unknown), based on a search of morning report entries showing that the applicant was lightly wounded in action. There is no indication that the award was ever added to his DD Form 214.

8. Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

9. Army Regulation 600-8-22 provides the criteria for awards of the NDSM and the Asiatic-Pacific Campaign Medal. It states, in pertinent part, that the NDSM was established by Executive Order 10448, 22 April 1953, as amended by Executive Order 11265, 11 January 1966 and Executive Order 12776, 18 October 1991. It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 and 30 November 1995, both dates inclusive.



CONCLUSIONS:

1. Although the award of the NDSM was not enacted until 1953, after his discharge from the service, he was entitled to receive that award. Accordingly, it would be in the interest of justice to award him the NDSM at this time and to correct his records accordingly.

2. Additionally, it appears that an administrative oversight resulted in his records not being corrected to reflect his award of the Purple Heart when it was awarded in 1984. Therefore it would be appropriate to do so at this time.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the NDSM and by showing that he was awarded the Purple Heart.

BOARD VOTE:

__dh____ ___js____ ___rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON




INDEX

CASE ID AR2001060378
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/28
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/CORR 214
2. 61 107.0015/PH
3. 115 107.0069/NDSM
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003087018C070212

    Original file (2003087018C070212.rtf) Auto-classification: Approved

    The applicant requests that her deceased husband, a former service member (FSM) be awarded the Purple Heart for wounds he sustained in combat on 14 July 1951, while serving in Korea. Army Regulation 600-8-22 also provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates are inclusive. The evidence of record clearly establishes that the FSM was in fact wounded in action...

  • ARMY | BCMR | CY2006 | 20060017728C080213

    Original file (20060017728C080213.TXT) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states that 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 available evidence of record shows that the applicant was wounded in action in 1951, and it appears he was awarded the Purple Heart around 1967.

  • ARMY | BCMR | CY2013 | 20130002517

    Original file (20130002517.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of her late father's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 September 1953 to show two awards of the Purple Heart. The applicant states the FSM's DD Form 214 for the period 28 November 1950 to 1 September 1953 shows he received wounds to his right thigh and right buttock. The entry in item 29 of the FSM's DD Form 214 for the period ending...

  • ARMY | BCMR | CY2012 | 20120022278

    Original file (20120022278.txt) Auto-classification: Approved

    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. The applicant's DD Form 214 clearly shows he was...

  • ARMY | BCMR | CY2001 | 2001064724C070421

    Original file (2001064724C070421.rtf) Auto-classification: Approved

    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. The evidence of record clearly shows that the applicant was wounded in Korea on 16 September 1951. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for fragmentation wounds he received on 16...

  • ARMY | BCMR | CY2002 | 2002069632C070402

    Original file (2002069632C070402.rtf) Auto-classification: Approved

    The Board considered the following evidence: The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. In view of the foregoing, the applicant’s records should be corrected as recommended below.

  • ARMY | BCMR | CY2001 | 2001065603C070421

    Original file (2001065603C070421.rtf) Auto-classification: Approved

    It provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive. The evidence of record clearly shows that the applicant was wounded in action (WIA) on 1 September 1951. After carefully examining the available records, the Board has determined that the applicant should have received the AGCM for his service from 28 September 1950 through 28 June 1952.

  • ARMY | BCMR | CY2002 | 2002080848C070215

    Original file (2002080848C070215.rtf) Auto-classification: Approved

    Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. c. Award of the Korean Service Medal. That all of the Department of the Army records related to this case be corrected by issuing to the...

  • ARMY | BCMR | CY2002 | 2002076162C070215

    Original file (2002076162C070215.rtf) Auto-classification: Approved

    Army Regulation 600-8-2 states that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 24 August 1974, both dates inclusive, and between 2 August 1990 and 30 November 1995, both dates inclusive, and between 11 September 2001 to a date to be determined. This document shows that, at the time of the applicant's assignment to Headquarters and Headquarters Battery, IX...

  • ARMY | BCMR | CY2010 | 20100023220

    Original file (20100023220.txt) Auto-classification: Approved

    The evidence of record shows he served a period of qualifying service for award of the NDSM and is entitled to the UNSM based on award of the Korean Service Medal. The evidence of record shows he served a period of qualifying service for award of the ROKWSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received in action on 22 April 1951 in Korea * amending item 27 of his DD...