RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20050013388


      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. Hubert S. Shaw, Jr.           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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, as the wife of a deceased former service member
(FSM), that her late husband's military records be corrected to show that
he was awarded the Purple Heart and the Good Conduct Medal.

2.  The applicant states her husband deserves these awards and should have
been recognized.  She further states that she wants to pass on to her
grandson the legacy of the FSM.

3.  The applicant provides:

      a.  A copy of the FSM's DD Form 214 (Report of Separation from the
Armed Forces of the United States) with a separation date of 2 June 1953.

      b.  A copy of the FSM's Honorable Discharge Certificate, dated 20
August 1959.

      c.  A copy of a 27 July 1953 letter from the Wichita, Kansas,
Veterans Administration Center to the FSM.

      d.  A copy of a disk showing the dates of the FSM's hospitalization
at the Swedish Red Cross Field Hospital from 27 January 1953 to 20 February
1953.

      e.  A 20 January 2004 letter of explanation by the applicant.

      f.  A Certificate of Death for the FSM, dated 29 December 2003.

      g.  A DD Form 149 (Application for Correction of Military Record)
annotated "SECOND REQUEST," dated 28 April 2004.

      h.  A letter of explanation annotated "SECOND REQUEST" from the
applicant to whom it may concern, dated 20 January 2004.

      i.  A DD Form 149, dated 19 February 2004.

      j.  A copy of a letter from the Director of the ABCMR to the
applicant, dated 24 February 2005.

      k.  A two-page letter from the daughter of the FSM to the Director of
the Army Board for Correction of Military Records (ABCMR), dated 22 August
2005.

      l.  A one-page letter from the applicant to the President of the
United States, dated 22 August 2005.

      m.  A 22 August 2005 letter from the applicant to the Director of the
ABCMR.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 2 June 1953, the date the FSM was separated from the Army.  The
application submitted in this case is dated 22 August 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 limitations 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 applicant’s military records are 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.

4.  This case is being considered using documents provided by the applicant
which consist primarily of the FSM's DD Form 214, a discharge certificate,
letters of explanation from the applicant and family members, a 1953 letter
from the Veterans Administration to the FSM and a badge from the Swedish
Red Cross General Hospital.

5.  The FSM authenticated his DD Form 214 in item 48 (Signature Of Person
Being Separated) at the time of his separation from the Army.

6.  The FSM's DD Form 214 does not show award of the Purple Heart in item
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized).

7.  Item 29 (Wounds Received As A Result Of Action With Enemy Forces) of
the FSM's DD Form 214 contains the entry "None."

8.  Review of the Korean War Casualty Roster revealed that the FSM's name
was not listed on that military record of Soldiers killed, wounded or
injured during the Korean War.

9.  The Morning Report of Battery B, 39th Field Artillery, for 21 January
1953 contains the FSM's name with an entry indicating the status of the FSM
changed from duty to sick with evacuation to an unknown hospital and that
the FSM was in the line of duty when he became sick.

10.  The Morning Report of Battery B, 39th Field Artillery, for 21 February
1953 contains the FSM's name with the entry indicating the status of the
FSM was changed from absent sick hospitalized in line of duty to released
from assignment and reassigned to 121st Evacuation Hospital.

11.  A search of the unit orders located at the National Archives in
Suitland, Maryland, was conducted by a staff member of the Army Review
Boards Agency. That search failed to produce any orders for award of the
Purple Heart to the FSM.

12.  The applicant provided a copy of a disk inscribed with a red cross at
the top and the Flag of Sweden at the bottom.  Also inscribed on the disk
were the following entries:  "Best wishes for the future from the Swedish
Red Cross Hospital"; the FSM's last name, first name, and middle initial;
the date admitted "27-1-53" [27 January 1953]; and the date discharged "20-
2-53" [20 February 1953].

13.  The applicant also provided a letter from adjudication officer at the
Wichita, Kansas, Veterans Administration Center, dated 27 July 1953.  This
letter stated in pertinent part:

"We have carefully considered your claim for disability compensation on the
basis of your official service records and all other evidence of record.

We have determined that the findings are sufficient to establish service-
connection for fracture of the right wrist but you will receive no
compensation as the rating assigned is less than 10%.  It is necessary
therefore to disallow your claim for compensation."

14.  In the applicant's letter, dated 20 January 2004, she wrote that,
while her husband was serving in Korea, she received a call from a "ham
operator" indicating that her husband "had been injured, had survived and
that he would be sent to a hospital in Japan."  She also stated that, a few
weeks later, she received a call from the Red Cross to the effect her
husband had been injured and hospitalized in Japan.  The applicant wrote
that her husband told her a shell from "incoming artillery mortar exploded
and shrapnel hit him and he found the top of his right hand resting
backwards upon his forearm."  She further stated that, after her husband
was injured and awaiting treatment, "military personnel came around with a
clipboard and asked [her husband's name omitted] if he wanted a purple
heart."  The applicant then stated her husband told the military personnel
to go and help someone who needed help.

15.  The applicant further explained in her letter that her husband, after
hearing the treatment plan and exploring options for disability, stopped
his pursuit of military assistance and "including medals such as the Purple
Heart."  The applicant also noted that she had submitted documents from the
Veterans Administration showing "service connection for a fracture of the
right wrist."

16.  Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.  Army Regulation 600-8-22 also states that there is no
time limit on award of the Purple Heart.

17.  There is no evidence the FSM received the first award of the Good
Conduct Medal.  There also is no evidence the FSM was disqualified by his
chain of command from receiving the Good Conduct Medal.  The available
records do not contain any adverse information and do not show any lost
time.  The FSM's DD Form 214 shows that he was inducted into the Army as a
recruit/pay grade E-1 and was discharged after only 21 months of service as
a Sergeant First Class/pay grade E-6.

18.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  After 27 June 1950 to the present time, the current standard for
award of the Good Conduct Medal is 3 years of qualifying service, but as
little as one year is required for the first award in those cases when the
period of service ends with the termination of Federal military service.
Although there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.

19.  Review of the FSM's records reveals entitlement to awards that are not
shown on his DD Form 214.

20.  Army Regulation 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 to a date to be determined.

21.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards and citations received
by units serving in the Korean War.  This document shows the 39th Field
Artillery Battalion, to which the applicant was assigned, was cited by the
Government of Greece for award of the Bravery Gold Medal of Greece for
actions during the Korean War.  This foreign unit award was authorized by
Department of the Army General Orders Number 2-56.

22.  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
historic 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.

23.  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
being provided to the applicant.  Once the Korean War Service Medal has
been authorized by the Department of the Air Force, the applicant may apply
to the Army Board for Correction of Military Records to add this foreign
award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The available records in this case do not show that the FSM received an
award of the Purple Heart.

2.  The FSM signed his DD Form 214 at the time of his separation from the
Army, and this DD Form 214 shows the entry "None" in Item 29 (Wounds
Received As A Result Of Action With Enemy Forces).

3.  Morning Reports show the FSM was hospitalized from 21 January 1953 to
20 February 1953.  These military reports classified the FSM as "sk" [sick]
not as a battle casualty and they do not show that he was wounded in
action.

4.  The Veterans Administration established service connection for a
fractured wrist in the FSM's case.  However, there is no indication in this
rating decision that the FSM's injury was the result of hostile action.

5.  Notwithstanding the statement by the applicant regarding the cause of
the FSM's injury, the preponderance of the evidence in military records,
specifically the DD Form 214 and the Morning Reports, shows that he was not
wounded as a result of hostile action.

6.  In the absence of military personnel or military medical records which
show that the FSM was injured or wounded as a result of hostile action and
was treated for such wounds or injuries, there is insufficient evidence
upon which to base award of the Purple Heart in this case.

7.  The available records in this case do not show the FSM was awarded the
Good Conduct Medal. These same records also do not contain any adverse
information, lost time, or absence without leave.

8.  The FSM's DD Form 214 shows that he was inducted on 21 August 1951 and
was advanced to the sergeant first class/pay grade E-6 on 25 December 1952.
 This rapid advance to sergeant first class clearly attests to the FSM's
excellent conduct, efficiency, and fidelity.  Based on these facts, the FSM
should be posthumously awarded the first award of the Good Conduct Medal
for his service from 21 August 1951 through 2 June 1953.

9.  Army Regulation 600-8-22 shows that the FSM served during a period of
eligibility for award of the National Defense Service Medal.  Therefore,
his records should be corrected to show award of the National Defense
Service Medal.

10.  General Orders show the FSM was a member of the 39th Field Artillery
Battalion when it was cited by the Government of Greece for award of the
Bravery Gold Medal of Greece.  Therefore, the FSM's records should be
corrected to show this foreign unit award.



11.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 2 June 1953, the date of his
separation from the Army.  Therefore, the time to file a request for
correction of any error or injustice expired on 1 June 1956.  Although the
FSM and the current applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file in this case
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JCH___  _TEO___ _PHM____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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
first award of the Good Conduct Medal posthumously for his service from 21
August 1951 through 2 June 1953, award of the National Defense Service
Medal, and award of the Bravery Gold Medal of Greece.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                    _James C. Hise___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013388                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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