BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090006537 


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 `'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the son of the deceased former service member (FSM), requests correction of his father's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that he needs a verification of the FSM's awards for the FSM's grave marker.

3.  The applicant provides a copy of the FSM's DD Form 214, Certificate of Death, and a newspaper article from an unknown source, titled SGT Hilt Gets Bronze Star.

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 FSM's military records are not available to the Army Board for Correction of Military Records (ABCMR) for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents available for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show the FSM enlisted in the Regular Army on 
27 December 1948.  He completed 3 years of active service and was honorably discharged on 26 December 1951.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows that he was awarded the Korean Service Medal.  However, this form does not show award of the Purple Heart or the BSM.  

5.  The entry “None” is listed in Item 29 “Wounds Received as a Result of Action with Enemy Forces” on the FSM's DD Form 214.

6.  The newspaper article titled "SGT Hilt Gets Bronze Star" states, in part, that on 22 May 1951 the 25th Division Commander announced the FSM received the BSM with "V" Device for heroic achievement.  The article stated that the FSM distinguished himself when his unit was engaged in a sharp fire fight with a well-entrenched enemy force.  The FSM held off the hostile horde until friendly reinforcements arrived.  

7.  There are no orders that show the FSM was awarded the BSM.  There is also no documentation in the available records which shows the FSM sustained wounds or was treated for wounds incurred as a result of hostile action.  Additionally, the FSM’s name is not listed on the Korean Casualty List.  

8.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  




9.  Title 10 of the U. S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The award of the Korean Service Medal verifies the FSM's served in Korea.  However, there are no medical records available which show that the FSM was wounded or treated for wounds as a result of hostile action during his service in the Korean War.  Additionally, his name is not listed on the Korean War Casualty List.  In the absence of medical records supporting the applicant's contention, there is an insufficient basis to award the FSM the Purple Heart in this case. 

2.  The fact that the applicant provided a newspaper article stating that the FSM was awarded the BSM with "V" Device is not sufficient evidence on which to add the award to the FSM's DD Form 214.  The applicant has provided no orders showing the FSM was awarded the BSM and there is no evidence of record that shows the FSM was recommended for or awarded of the BSM by an appropriate approval authority.  Therefore, there is insufficient evidence to award the FSM the BSM or to add the BSM to his DD Form 214.

3.  While the available evidence is insufficient for awarding the FSM a BSM, this in no way affects the applicant’s right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.

5.  In view of the foregoing, there is no basis for granting the applicant’s request.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   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.
ABCMR Record of Proceedings (cont)                                         AR20090006537



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006537



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1