BOARD DATE:	   3 April 2012

		DOCKET NUMBER:  AR20110019149 


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 requests, in effect, correction of item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all of his authorized awards to include the Purple Heart.  He also requests that this DD Form 214 be corrected to identify his special assignment in early 1953 when he was sent to Yacca Flats.

2.  The applicant states:

* he was in Korea on 2 October 1952, clearing a minefield with a Bangalore Torpedo
* a fellow Soldier stepped on a landmine and the explosion seriously injured them both
* his fellow Soldier died and he sustained injuries to his ankles and shrapnel cut his right knee cap
* he was treated by a medic and his injuries have been problems to him ever since
* several years ago, he started to go to the Department of Veterans Affairs (VA) for medical help regarding his injuries
* he reviewed his DD Form 214 and found nothing in his record about the incident
* he didn’t believe it was his responsibility to report the incident, he believed it was the responsibility of the medic
* he was sent to Yacca Flats, Nevada, to participate in the explosion of a nuclear A-bomb and then the march down to ground zero

3.  The applicant provides:

* SF 180 (Request Pertaining to Military Records, dated 1 August 2011
* Self-authored letter dated 1 August 2011
* National Personnel Record Center (NPRC) letter, dated 26 August 2011
* DD Form 214
* Master Index Cards
* two pages of Headquarters Fort Devens Special Orders Number 190, dated 11 September 1953

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 applicant’s 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 that the applicant’s 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.  He enlisted in the Regular Army on 14 September 1951.  He completed training as an anti-mine platoon and squad sergeant.  

4.  The applicant was honorably released from active duty (REFRAD) on 14 September 1953, in the pay grade of E-6, at the expiration of his term of service.  His DD Form 214 shows he completed 2 years and 1 day of net service for pay purposes.  Item 26 on his DD Form 214 (Foreign and/or Seas Service) shows he had 1 year and 10 days of foreign service.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None.”

5.  Item 27 on his DD Form 214 shows the following awards:

* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge

6.  The applicant's name is not shown on the Korean Casualty Listing as a battle casualty.

7.  There is no evidence in his record of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

8.  On 26 August 2011, the NPRC notified the applicant that he is also authorized the Army Good Conduct Medal (First Award) and the National Defense Service Medal.  His DD Form 214 was not amended to show these two awards.

9.  The applicant submits a copy of Special Orders Number 190, dated 11 September 1953, releasing him from active duty and assigning him to the U.S. Army Reserve Control Group (Reinforcement), effective 14 September 1953.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Purple Heart is awarded for a wound sustained while in action against an enemy or 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; and

	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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

11.  Army Regulation 600-65, in effect at the time, stated the Army 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, will not be disqualifying.  There must have been no convictions by court-martial.  

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  There are no provisions for identifying special assignments on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available record showing that he was wounded as a result of hostile action by enemy forces while he was in the Army.  Item 26 on his DD Form 214 contains the entry “None.”  In the absence of evidence to the contrary, it must be presumed that the applicant is not authorized the Purple Heart.

3.  There are no provisions for including an individual’s special assignments on the DD Form 214; therefore, this information should not be included therein.

4.  Based on the available evidence, the applicable regulations, and the pay grade in which the applicant held at the time of his REFRAD he is authorized the following awards which should be included on his DD Form 214:

* Army Good Conduct Medal (First Award)
* National Defense Service Medal

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 awarding him the Army Good Conduct Medal (First Award) for exceptional conduct and efficiency from 14 September 1951 through 14 September 1953, and amending his DD Form 214 to show the following awards:

* Army Good Conduct Medal (First Award)
* National Defense Service Medal

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 awarding him the Purple Heart and amending his DD Form 214 to show his special assignments.  



      _______ _ 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)                                         AR20110019149





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ABCMR Record of Proceedings (cont)                                         AR20110019149



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