BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110009513 


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 former service member (FSM), requests correction of the FSM's discharge document to show award of the Purple Heart.

2.  The applicant states the FSM was wounded in action on 26 June 1951 while serving with Company I, 19th Infantry Regiment, in Korea.

3.  The applicant provides a copy of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 service 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, the FSM's DD Form 214 offers sufficient documentation to constitute 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 was inducted into the Army of the United States on 19 October 1950, honorably released from active duty on 18 July 1952 in rank of corporal, and transferred to the Enlisted Reserve Component to complete his remaining Reserve obligation.  He had completed 1 year and 9 months of net active service with 11 months and 15 days of foreign service.  It shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) Combat Infantryman Badge, Korean Service Medal with 2 bronze service stars, and United Nations Service Medal;

   b.  item 28 (Most Significant Duty Assignment) Company I, 19th Infantry Regiment, Korea;

   c.  item 29 (Wounds Received as a Result of Action with Enemy Forces) "Shell Fragment Wound Left Knee, Right Thigh, 26 June 1951"; and

   d.  item 38 (Remarks) no time lost.

4.  A review of the Korean Casualty Roster confirmed the FSM's name is listed on the roster as having been wounded in Korea on 26 June 1951.

5.  A review of the FSM's available military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

6.  Army Regulation 600-65 (Good Conduct Medal), in effect at the time, stated the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after
27 June 1950 of less than 3 years, but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  
7.  Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  In order to support awarding a service member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record at the time.

	b.  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.

   c.  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 1954.  The service must have been performed while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while a crew member of an aircraft in aerial flight over Korea participating in combat operations or in support of combat operations.

8.  Service Regulations Number 615-360-1 (Enlisted Personnel - Separation of Enlisted Personnel), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.
It shows for item 27, enter decorations or citations received during period covered by the DD Form 214, and authority for each.  Authorities for service medals need not be entered.

DISCUSSION AND CONCLUSIONS:

1.  Records show the FSM was wounded in action in Korea when he sustained a fragment wound of his left knee and right thigh on 26 June 1951.

2.  The FSM separated into the rank of corporal and had no lost time.  He served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 19 October 1950 through 18 July 1952.  Based on the available evidence, it would be appropriate to award the FSM the Army Good Conduct Medal (1st Award).

3.  Records show the FSM qualified for the:

* National Defense Service Medal based on his active duty service during the Korean War
* Republic of Korea War Service Medal for his service in the Korean War

4.  In view of the foregoing, it would be appropriate to correct the FSM's DD Form 214 to show his awards and decorations as recommended below.

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:

   a.  awarding him the Purple Heart for wounds received in action in Korea on 26 June 1951;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 October 1950 through 18 July 1952; and









	c.  adding to item 27 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War Service 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)                                         AR20110009513



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ABCMR Record of Proceedings (cont)                                         AR20110009513



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