BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023664


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 daughter of a deceased former service member (FSM), requests award of the Purple Heart for wounds her father received in the Korean War.

2.  The applicant states, in effect, her desire to ensure the historical accuracy of her father's record, so that it reflects actual events.

3.  The applicant provides her father's Certificate of Death and an extract from an internet webpage documenting Korean War casualties. 

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  On 2 May 1946, the FSM was inducted into the Army of the United States.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he completed  1 month and 26 days of creditable service during this period of active duty.  On 27 June 1946, he was discharged for the purpose of immediate reenlistment.

4.  On 28 June 1946, the FSM enlisted in the Regular Army for an 18-month term.  On 12 November 1947, he was honorably discharge after completing        1 year, 4 months, and 15 days of creditable active service.  Item 33 (Decorations and Citations) of his WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was awarded the:

* Army of Occupation Medal with Japan Clasp
* World War II Victory Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 

5.  On 12 April 1949, the FSM enlisted in the Regular Army for a 3-year term.   On 19 June 1952, he was honorably discharged under the provisions of Army Regulation 615-365, for the convenience of the government.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was credited with 3 years, 2 months, and 8 days of net active service during this period of active duty, including 2 years, 2 months, and 16 days of foreign service. The rank/pay grade he held at the time of discharge was corporal/E-4.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded the: 

* Army of Occupation Medal with Japan Clasp
* Combat Infantryman Badge
* Korean Service Medal with 1 Silver Star
* Republic of Korea Presidential Unit Citation

7.  A review of the Adjutant General's Office Casualty Division's Korean Casualty Roster confirmed that the FSM's name is listed on the roster as having been wounded in action in the South Korea sector on 5 September 1950.

8.  The applicant provides the FSM's Certificate of Death and an extract from an internet webpage documenting Korean War casualties.   On the latter, the FSM is listed as having been seriously wounded in action by missile, in the South Korea sector, on 5 September 1950.  

9.  Army Regulation 600-8-22 (Military Awards) provides 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.

10.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the United Nations Service Medal (UNSM).  In pertinent part, the regulation states that the period of eligibility for the UNSM 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 UNSM.

13.  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. 





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM should be awarded the Purple Heart because he was wounded in action during the Korean War.  Records show the FSM was wounded in action on 5 September 1950 in the Republic of Korea.  Therefore, it would be appropriate to posthumously award the FSM the Purple Heart and to correct the FSM's DD Form 214 to show this award.

2.  The evidence of record shows the FSM served a period of qualifying service for award of the NDSM and is entitled to the UNSM based on award of the Korean Service Medal; therefore, the FSM is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows the FSM served a period of qualifying service for award of the ROK-KWSM; therefore, the FSM is entitled to correction of his DD Form 214 to show this foreign award.

4.  The FSM's WD AGO Form 53, for the period ending 12 November 1947, shows he was awarded the World War II Victory Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1); therefore, the FSM is entitled to correction of his DD Form 214 to show these awards.

BOARD VOTE:

___x____  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Purple Heart for wounds received in action on 5 September 1950 in Korea
* 
amending item 27 of his DD Form 214 to add the:

* Purple Heart
* NDSM
* UNSM
* ROK-KWSM
* World War II Victory Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 



      ___________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)                                         AR20100015378



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ABCMR Record of Proceedings (cont)                                         AR20100023664



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