IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110005047 


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 his late father be awarded the "Combat Service Commemorative Medal" and Purple Heart.  

2.  The applicant states:

* His father served in combat and was not awarded the "Combat Service Commemorative Medal"
* He was wounded on 23 September 1950 and was not awarded the Purple Heart
* The commemorative medal was over looked by personnel in the FSM's unit or when he was being separated
* His medical records for his head wound were destroyed in the fire 

3.  The applicant provides:

* Certification of Military Service
* DD Form 214 (Report of Separation from the Armed Forces of the United States
* FSM's obituary
* His birth certificate
* FSM's death certificate



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 Board 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  He enlisted in the Army of the United States on 8 August 1949.  He served as an infantryman in Korea and he was honorably discharged on 7 September 1951.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* "C.I.B." [Combat Infantryman Badge]
* Korean Service Medal
* "ROK" [Republic of Korea] "Pres" [Presidential] Unit Citation

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows he received head injuries on 23 September 1950 in Korea.

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

7.  The Korean Casualty Roster shows he was wounded on 24 September 1950.





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

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

10.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal 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.

11.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
 
12.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to show a commemorative medal on his late father's DD Form 214 was noted.  However, since commemorative medals are not governed by the provisions of Army Regulation 600-8-22, they may not be shown on a discharge document.
2.  Although the Korean Casualty Roster shows the FSM was wounded on 
24 September 1950, and item 29 of his DD Form 214 shows he was wounded on 23 September 1950, the applicant contends the FSM was wounded on 
23 September 1950.  Therefore, the entry in item 29 of the FSM's DD Form 214 which shows he was wounded on 23 September 1950 in Korea is accepted as sufficient evidence on which to award the FSM the Purple Heart and to amend item 27 of his DD Form 214 to show award of the Purple Heart.  

3.  Based on award of the Korean Service Medal, the FSM is eligible for award of the United Nations Service Medal.  Item 27 of his DD Form 214 should be corrected to show this medal.    

4.  The FSM served a period of qualifying service for award of the National Defense Service Medal and Republic of Korea War Service Medal.  Item 27 of his DD Form 214 should be corrected to show these medals.

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:

     a.  posthumously awarding the FSM the Purple Heart for wounds received in action on 23 September 1950 in Korea;    

     b.  adding the Purple Heart, the United Nations Service Medal, National Defense Service Medal, and the Republic of Korea War Service Medal in item  27 of his DD Form 214; and 

	c.  issuing the Purple Heart to the applicant.     



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 amending his DD Form 214 to show a commemorative medal.  




      _______ _   _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)                                         AR20110005047





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ABCMR Record of Proceedings (cont)                                         AR20110005047



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