IN THE CASE OF:	  

		BOARD DATE:	        10 MARCH 2009

		DOCKET NUMBER:  AR20080019824 


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 that the records of her deceased father, a former service member (FSM), be corrected to reflect his three awards of the Purple Heart and that she be provided replacement medals for those awards.

2.  The applicant states, in effect, that the FSM was wounded three times in Korea and was awarded the Purple Heart with two oak leaf clusters.  However, those awards were not added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the medals were lost over the years.  Accordingly, she would like his DD Form 214 corrected to reflect those awards and to have his Purple Heart medals replaced.

3.  The applicant provides a copy of a DD Form 398 (Statement of Personal History) pertaining to the FSM, a copy of the FSM's final DD Form 214, a copy of the FSM's death certificate, a photograph of what she claims is the FSM's awards, and a handwritten letter explaining her application.

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 15 October 1929 and enlisted in the Regular Army in Syracuse, New York, on 2 December 1949 for a period of 3 years and training in the Armored Cavalry.  He completed his training as a rifleman and was transferred to Korea on 5 May 1950 for duty as a rifleman in Company F, 35th Infantry Regiment.

2.  On 21 July 1950, the FSM was wounded in action in Korea when he sustained fragment wounds to the legs and abdomen.  He was evacuated to a hospital in Osaka, Japan, for treatment.

3.  On 28 July 1950, Special Orders Number 142 were published by Headquarters, 35th Infantry Regiment, that awarded the FSM the Combat Infantryman Badge (CIB).

4.  On 15 August 1950, General Order Number 55 was published by Osaka General Hospital awarding the FSM the Purple Heart for wounds received in action in Korea on 21 July 1950.

5.  The FSM returned to Korea in August 1950 and was assigned as a vehicle driver in a logistics command.  He departed Korea on 20 December 1951 and was transferred to Fort Riley, Kansas, for duty as a vehicle driver.  He served the remainder of his career in transportation military occupational specialties (driver, truckmaster, and cargo handler).

6.  The FSM remained on active duty through a series of continuous reenlistments.  He served two tours in Germany, one tour in Thailand, and one tour in Vietnam (with the 394th Transportation Battalion and the U. S. Army Transportation Terminal Unit).  He was promoted to the pay grade of E-7 on      18 January 1968. 

7.  On 31 July 1970, he was honorably released from active duty (REFRAD) and was transferred to the Retired List effective 1 August 1970.  He had served 20 years, 7 months and 29 days of total active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal (VSM) with one "oak leaf cluster," the Good Conduct Medal (5th award), the Army Commendation Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

8.  A review of the Korean War and the Vietnam casualty listings shows that the FSM was only reported as a casualty on one occasion, 21 July 1950.  There is no evidence in the available records to show that the FSM was ever awarded more than one Purple Heart.

9.  A review of the FSM's official records shows that in addition to the awards listed on his DD Form 214 at the time of his retirement, he was also awarded the CIB, the Purple Heart, the Korean Service Medal (KSM), the United Nations Service Medal (UNSM), the Army of Occupation Medal with Germany Clasp, and the National Defense Service Medal (NDSM) with one oak leaf cluster.  He also participated in six campaigns in Korea and three campaigns in Vietnam.
10.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to show that the applicant was awarded any individual awards during his tour in Vietnam that are not already included on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  Multiples awards of the Purple Heart are denoted with oak leaf clusters added to the original award.

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that all decorations, medal, badges, citations, and campaign ribbons awarded or authorized will be entered in item 24 of the DD Form 214.

13.  Army Regulation 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.  A silver service star is authorized in lieu of five bronze service stars.

14.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit 


Citation (ROK-PUC) and the Meritorious Unit Commendation (MUC) during the period he served with the unit.  Additionally, he participated in six campaigns while assigned to Korea and is entitled to be awarded one silver and one bronze service star for wear on his already-awarded KSM.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in three campaigns while assigned to Vietnam and is entitled to be awarded three bronze service stars for wear on his already-awarded VSM.

17.  Army Regulation 600-8-22 also provides that replacement of medals or service ribbons for individuals not on active duty may be made at cost price.  Individuals desiring replacement medals or ribbons should submit a request to the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  No money should be mailed until instructions are received from that agency.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's records should reflect his award of the Purple Heart has been noted and found to have merit.  The evidence of record clearly shows that he was awarded the Purple Heart for wounds received in action against the enemy on 21 July 1950.  Accordingly, it should be added at this time.

2.  The applicant's contention that the FSM's records should reflect three awards of the Purple Heart has been noted.  However, the FSM's records, which appear to be somewhat complete and intact, as well as external sources, such as casualty lists and ADCARS fail to show any evidence that the FSM was wounded more than once or that he was awarded more than one Purple Heart.



3.  However, the evidence of record shows that he was awarded the CIB, the KSM, the UNSM, the Army of Occupation Medal with Germany Clasp, and the NDSM with one oak leaf cluster that was not included on his DD Form 214 at the time of his retirement.  Accordingly, it would be appropriate to do so at this time.

4.  The evidence of record also shows that the FSM is entitled to awards of the ROK-KWSM, the MUC, one silver and one bronze service star for wear on his KSM, and three bronze service stars for wear on his VSM, to denote campaign participation.  Additionally, he is entitled to have his records corrected to reflect awards of the RVNGC with Palm Unit Citation and the RVNCAHM-FC Unit Citation.

5.  The FSM was issued a medal set for the Purple Heart when it was presented and thus the applicant is required to pay for a replacement medal set.  Accordingly, there is no basis to grant that portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart, the CIB, the KSM with one silver and one bronze service star, the VSM with three bronze service stars, the UNSM, the Army of Occupation Medal with Germany Clasp, the NDSM with one oak leaf cluster, the RVNGC with Palm Unit Citation, the RVNCAHM-FC Unit Citation, the ROK-KWSM, the ROK-PUC, and the MUC.

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 showing that the FSM was awarded three awards of the Purple Heart and providing a replacement medal set for the Purple Heart.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to the United States during the Korean and Vietnam Wars.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________XXX________________
                 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)                                         AR20080019824



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019824



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1