IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110001729
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 son of a deceased former service member (FSM), requests, in effect, correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Silver Star (SS), Bronze Star Medal (BSM) 3rd Award, and Purple Heart).
2. He states:
* he has a card from the FSM's unit in Korea that indicates the FSM received the above awards but they are not listed on his DD Form 214
* his award case number is AOH82945AR3Qs; however, the medals have not been received
3. He provides:
* DD Form 214
* death certificate
* birth certificate
* a partial 3rd Infantry Division card
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 applicants 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 applicants 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 to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM's DD Form 214 shows:
* he enlisted in the Regular Army on 9 August 1949 and was discharged on 16 September 1952
* he was awarded the Korean Service Medal (KSM) with 4 bronze service stars and United Nations Service Medal
* does not show he received wounds as a result of action with enemy forces
4. The applicant submitted a card from the 3rd Infantry Regiment, which shows:
* the last four characters of the FSM's first name and his last name
* the FSM was assigned to the 10th Engineer Battalion, 3rd Infantry Division
* he served 12 months in Korea
* he was awarded the Korean Campaign Ribbon (which is correctly known as the KSM) with 3 bronze service stars, SS, BSM (3rd Award), and Purple Heart
5. The FSMs name is not listed on the Korean War Casualty File.
6. Army Regulation 600-8-22 (Military Awards) states the SS is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 600-8-22 states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 600-8-22 states 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 regulation governing award of Purple Heart indicates the wound for which the award is being made must have been 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Regrettably, there is no corroborating evidence in the FSM's available record to show he was wounded as a result of hostile action and that he meets the above criteria for award of the Purple Heart. Therefore, there is insufficient evidence in which to base adding the Purple Heart to his DD Form 214.
3. There is no corroborating evidence in the FSM's available record such as orders that show the FSM is entitled to award of the SS or BSM. In the absence of such evidence, there is no basis on which to add these awards to the FSM's DD Form 214.
4. The fact that the applicant provided a partial 3rd Infantry Division card which indicates the FSM received the requested awards is noted. However, the card alone is not deemed to be sufficient to substantiate granting relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ____X___ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the FSM concerned.
2. The Board wants all concerned to know this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSM's service in arms.
_________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) AR20110001729
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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