IN THE CASE OF:	  

		BOARD DATE:	    1 March 2011

		DOCKET NUMBER:  AR20100015630 


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, the widow of a deceased former service member (FSM), requests, in effect, a 15-year or 20-year Reserve retirement for the FSM.  She also requests award of the Purple Heart for him.   

2.  The applicant states:

* His combined active and Reserve service warrants a 15-year retirement
* His death was the result of a service-connected disability
* His rank was captain
* He received a combat-related injury and should be awarded the Purple Heart
* She is entitled to the retirement he never received
* He fought on the front lines of Korea and received shrapnel in his leg
* He never received the Purple Heart in Korea because he did not want his mother notified
* He did not receive the medical care normally given to Purple Heart recipients
* He finally received his Purple Heart but it was thrown away by hospital personnel  

3.  The applicant provides:

* FSM's death certificate
* Marriage certificate
* DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods ending 2 June 1952 and 16 December 1953
* Discharge orders, dated 16 June 1966, from the U.S. Army Reserve (USAR)
* Active duty training certificate
* DA Form 2139 (Military Pay Voucher)
* Claim for Combat-Related Special Compensation
* Information Paper, dated 15 January 2009
* Letter, dated 19 June 2008, from the National Personnel Records Center in St. Louis, MO  

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 26 April 1951.  On 2 June 1952, he was honorably discharged to accept an appointment as a Reserve officer.  On 
3 June 1952, he was appointed a second lieutenant and entered active duty.  He served in Korea from 11 March 1953 to 30 June 1953.  On 16 December 1953, he was released from active duty in the rank of first lieutenant.  He completed a total of 2 years, 7 months, and 21 days of creditable active service.  

2.  His DD Form 214 for the period ending 16 December 1953 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "NONE."

3.  There are no orders for the Purple Heart in the available records.

4.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the Purple Heart. 

5.  The FSM's name does not appear on the Korean Casualty Roster.

6.  Records show he was transferred to the USAR Control Group (Reinforcement) on 1 February 1965.  On 16 June 1966, he was honorably discharged from the USAR Control Group (Reinforcement) in the rank of captain for promotion non-selection after second consideration.  

7.  The FSM died on 28 August 2009 at age 78. 

8.  The applicant provided a DA Form 2139 for the pay period 12-26 July 1964  which shows the entry "13" in item 14 (Yrs) [Years].

9.  The applicant also provided documentation from the Commander, U.S. Army Human Resources Command, St. Louis, MO which states a 15-year letter was not found at that command.    

10.  Title 10, U.S. Code, section 12731a was the temporary special retirement qualification authority.  It provided that, during the period 2 October 1992 through 30 December 2001, a member of the Selected Reserve who completed at least 15, and less than 20, years of qualifying service as of 1 October 1991 could, upon the request of the member, be transferred to the Retired Reserve.  

11.  Sections 12731 through 12740 of Title 10, U. S. Code, currently authorize retired pay for Reserve Component military service.  Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.   

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, the FSM was separated from the USAR (in 1966) prior to the enactment of the law authorizing early retirement.  Regrettably, there is no basis for granting the applicant’s request for a 15-year Reserve retirement.

2.  It appears the FSM completed approximately 15 years of creditable service for non-regular retirement at age 60.

3.  By law, a Reserve Soldier must complete a minimum of 20 qualifying years    of service to be eligible for retired pay.  Since the FSM did not complete            20 qualifying years of service, there is no basis for granting a 20-year Reserve retirement.

4.  There are no orders for the Purple Heart in the available records.  There is no evidence of record which shows the FSM was wounded or injured as a result of hostile action in Korea.  Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.



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)                                         AR20100015630



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ABCMR Record of Proceedings (cont)                                         AR20100015630



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