RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      17 November 2005
      DOCKET NUMBER:  AR20050002266


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr.  Lester Echols                |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, issuance of the Purple Heart and
award of other medal that were earned by his brother, a former service
member (FSM).

2.  The applicant states, in effect, that he would like the medals that are
reflected on the documents provide him by the Department of Veteran
Affairs, Winston-Salem, North Carolina, so that he can pass them on to the
FSM's descendents and so they can be recorded in the family genealogy.

3.  The applicant submitted a copy of a letter he wrote to an archives
technician at the National Personnel Records Center (NPRC) on 3 February
2005; a copy of a reply he received from the NPRC dated 24 January 2005; a
copy of his brother's WD AGO Form 53-55, Enlisted Record and Report of
Separation, Honorable Discharge, dated 6 April 1946; and a copy of his
brother's DD Form 214, Report of Separation from the Armed Forces of the
United States, in support of his request.

4.  The applicant submitted a copy of his birth certificate and the FSM's
death certificate to substantiate proof of their relationship of brothers
and to establish proof of proper interest.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 24 February 1952.  The application submitted in this case
is dated 1 February 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 FSM's military records were lost or destroyed in the NPRC fire of
1973.  Information herein was obtained from reconstructed records and from
alternate sources.
4.  The available military records show that the FSM was inducted in the
Army of the United States on 1 January 1942 and he entered active duty on
the same date.  Following completion of all required training, he was
awarded the primary military occupational specialty (MOS) 677, Military
Police.

5.  The FSM served in the European Theater of Operations (ETO) from 5 March
1943 through 28 March 1946.

6.  The FSM was honorably separated under the provisions of Army Regulation
(AR) 615-365, for the convenience of the Government, at demobilization, in
the grade of Private, on 6 April 1946, at Fort Bragg, North Carolina.  On
the date of his separation, the FSM had completed 4 years, 3 months, and 6
days active military service.  The FSM had 3 years and 24 days foreign and
or sea service.

7.  The FSM's WD AGO Form 53-55 shows that during this period of service,
he was awarded the American Theater Service Medal [now known as the
American Campaign Medal]; the European-African-Middle Eastern Service
Medal, with two bronze service stars; the Good Conduct Medal; and the World
War II Victory Medal.  The FSM participated in the Naples Foggia and in the
Rome Arno Campaigns of World War II.

8.  The FSM enlisted in the Regular Army on 19 November 1946.  He served on
this enlistment until 8 January 1948 attaining the rank of sergeant.  On 9
January 1948, the FSM reenlisted in the Regular Army, for three years at
Fort Knox, Kentucky, and volunteered for overseas service.  The FSM
voluntarily extended this enlistment for one year on 29 November 1949.  The
FSM served in the MOS 2338, Electrical Instrument Repairman, during this
enlistment period.

9.  The FSM was honorably separated from the Regular Army under the
provisions of AR 615-365, at the expiration of his term of service, in the
grade of Corporal, on 24 February 1952, at Fort Monmouth, New Jersey.  On
the date of his separation, the FSM had completed 9 years, 5 months, and
21 days, net service for pay purposes.  He had completed 4 years and 13
days active duty, during his enlistment, with 33 days lost under section
6(a), appendix 2b, MCM (Manual for Courts Martial), 1951.  The FSM had 1
year and 2 months foreign and or sea service during this enlistment.

10.  The FSM's DD Form 214 shows he was awarded the Purple Heart for
shrapnel wounds he received to his left shoulder and left leg; however,
the place and the date were not entered on the DD Form 214 in accordance
with the regulation in effect at the time.  Copies of the orders which
award the Purple Heart to the FSM are not available in his reconstructed
service records.
11.  A search of the Korean War Casualty File maintained by the National
Archives was conducted and revealed that the FSM was, "otherwise seriously
injured in action," on 25 September 1950.  He was hospitalized for
treatment and was restored to duty on 13 October 1950.  The FSM's unit at
the time of his serious injury is shown to be the 581st Signal Radio Relay
Company.

12.  The DD Form 214 issued to the FSM on his honorable discharge shows,
in Item 27 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) he was awarded the Purple Heart.
No other awards are shown in this item.

13.  While in Korea, the FSM participated in at least two campaigns of the
Korean War.  The exact date of his service in Korea are not known because
his service records are believed to have been lost or destroyed in the NPRC
fire in 1973; however, the available documents show that he was in Korea
and participated in the UN (United Nations) Defensive and the UN Offensive
Campaigns of the Korean War.  The FSM is therefore entitled to award of the
Korean Service Medal, with two bronze service stars, to denote his campaign
participation credit and to have this award added to his DD Form 214.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal, in this case, the Korean Service
Medal.

15.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and
Campaign Participation Credit Register, dated 6 July 1961, shows that the
FSM was assigned to the 581st Signal Radio Relay Company at the time it
was cited for award of the Meritorious Unit Commendation, for the period
25 September 1950 through 25 March 1951, by Department of the Army
General Order (DAGO) Number 80, dated 1951.  This unit award is not shown
on the FSM's DD Form 214.

16.  AR 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 and a
date to be determined.

17.  AR 600-8-22 provides for award of the Korean Service Medal.  In
pertinent part, the regulation states that the Korean Service Medal is
awarded for qualifying service in the theater of operations between 27
June 1950 and 27 July 1954.

18.  AR 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.

19.  AR 600-8-22, in pertinent part, states that the Meritorious
Unit Commendation (formerly known as the Meritorious Service Unit Plaque
until 1 March 1961) is awarded to units for exceptionally meritorious
conduct in the performance of outstanding services for at least six
continuous months during the period of military operations against an
armed enemy occurring on or after 1 January 1944.  Service in a combat
zone is not required, but must be directly related to the combat effort.
The unit must display such outstanding devotion and superior performance
of exceptionally difficult tasks as to set it apart and above other units
with similar missions.  The degree of achievement required is the same as
that which would warrant award of the Legion of Merit to an individual.
Only in rare cases will a unit larger than a battalion qualify for award
of this decoration.  For services performed during World War II, awards
will be made only to service units and only for services performed
between 1 January 1944 and 15 September 1946.

20.  AR 670-1, chapter 29, prescribes policy and guidance for wear of
U.S. and foreign unit awards.  This regulation states that a Soldier may
wear the unit award permanently if the individual was assigned to, and
present for duty with the unit any time during the period cited; or was
attached by competent orders to, and present for duty with the unit
during the entire period, or for at least 30 consecutive days of the
period cited.

21.  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
heroic 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.  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 provided.  Once the Department of the Air
Force has authorized the Korean War Service Medal, the applicant may apply
to the Army Board for Correction of Military Records to have it added to
his DD Form 214.

22.  The applicant's birth certificate and the FSM's death certificate show
they had a mother and a father in common thus establishing their
relationship as siblings and establishing proof of proper interest.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the FSM was awarded the Purple Heart
for shrapnel wounds he sustained to the left shoulder and the left leg
while he served in Korea during the Korean War.  A record on file at the
National Archives shows the FSM was "otherwise seriously injured in
action," on 25 September 1950, he was hospitalized and was restored to duty
on 13 October 1950.

2.  This evidence further shows that the FSM is entitled to other service
awards which were either not made or were inadvertently omitted from his DD
Form 214 at the time he was discharged from the Army.

3.  The FSM served honorably during one of the periods cited in AR 600-8-
22 for which award of the National Defense Service Medal was made to
active duty Soldiers.  He is eligible for award of the National Defense
Service Medal and to have it added to his DD Form 214.

4.  The FSM earned the Korean Service Medal for his service in Korea.  The
exact dates of his service in Korea are unknown; however, he had 1 year
and 2 months foreign and or sea service recorded on his DD Form 214.  The
FSM was in Korea on 25 September 1950 (the date he was injured and
hospitalized) through 13 October 1950 (the date he was restored to duty).
It can be deducted from this information that the FSM served in at least
two campaigns of the Korean War.  The FSM is therefore entitled to award
of the Korean Service Medal, with two bronze service stars, and to have
this award added to his DD Form 214.

5.  With award of the Korean Service Medal, with two bronze service stars,
shown in the paragraph above, the FSM is automatically entitled to award of
the United Nations Service Medal.  This medal does not appear on the FSM's
DD Form 214.  It would be appropriate to add this award to his DD Form 214.

6.  The FSM served with a unit at the time it was cited for award of the
Meritorious Unit Commendation.  He is therefore entitled to have this unit
award added to his DD Form 214.
7.  Efforts expended by a member of the Board to place the FSM in Korea on
a date earlier than 25 September 1950 and later than 13 October 1950 were
not successful.  The applicant is advised that the Army Board for the
Correction of Military Records is not an investigative agency and it
decides cases based on the information that is presented / submitted by
applicants to the Board.  When the applicant locates documentary evidence
that places the FSM in the unit, or in Korea, on an earlier or later
qualifying date, he may submit a request to the ABCMR for award of any
additional awards to which the FSM may be entitled and their addition to
his DD Form 214.

BOARD VOTE:

__JRM__  __LE___  _JED ____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding the FSM the National Defense
Service Medal; the Korean Service Medal, with two bronze service stars; the
United Nations Service Medal; and the Meritorious Unit Commendation; and
adding these awards to his DD Form 214.




                            ______Lester Echols______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002266                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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