IN THE CASE OF:	 

		BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110019740 


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 confirmation that her deceased spouse, a former service member (FSM), was awarded the Silver Star, the Bronze Star Medal, and the Purple Heart.

2.  The applicant states, in effect, that item 29 (Wounds Received as a Result of Enemy Forces) on the two DD Forms 214 (Reports of Separation from the Armed Forces of the United States) that she submits contains the entry “Wound over right Eye.  C.I.B. Korea 1951 w/Star BronzStar 1951 Silver Star 1951.”

3.  The applicant provides:

* A letter addressed to the Army Review Board, dated 23 September 2011
* Fax Cover Sheet
* The FSM’s Certificate of Death
* National Personnel Record Center (NPRC) letter, dated 1 September 2011
* NPRC letter, dated 25 August 2011
* Two copies of the FSM’s DD Form 214, dated 4 December 1954
* A letter from the Army Review Boards Agency Chief, Congressional and Special Actions, dated 26 September 2011

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 enlisted in the Army on 30 October 1939.  He completed training as a platoon sergeant.  He arrived in Alaska on 5 June 1941.

3.  He departed Alaska en-route to the U.S. on 1 February 1944.  After completing 5 years, 8 months, and 8 days of net active service this period, he was honorably discharged on 7 July 1945, for the convenience of the government, due to demobilization.  Item 24 (Wounds Received in Action) on the DD Form 214 he received contains the entry “None.”  His DD Form 214 also shows the following awards:

* Asiatic Pacific Theater Ribbon with one bronze service star
* American Defense Service Medal with one bronze service star
* Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle and Bayonet Bars

4.  The FSM enlisted in the Regular Army (RA) on 13 January 1948.  After completing 2 years, 4 months, and 11 days for pay purposes this period, he was honorably discharged on 23 May 1950, for the convenience of the government, to reenlist in the RA.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows he was awarded the Army of Occupation Medal with Japan Clasp.  Item 29 (Wounds Received in Action) on the DD Form 214 contains no entry.  

5.  On 24 May 1950, the FSM reenlisted in the RA for an indefinite term.  After completing 4 years, 6 months, and 11 days of net service for pay purposes this period, he was honorably discharged on 4 December 1954, due to hardship.  Item 27 shows the following awards:

* Republic of Korea Presidential Unit Citation
* United National Service Medal
* National Defense Service Medal
* Korean Service Medal with six bronze service stars
* Army Good Conduct Medal (First Award)
6.  Item 29 on the DD Form 214 he received this period contains the entry “None” for wound received as a result action with enemy forces.

7.  The FSM enlisted in the U.S. Army Reserve on 20 December 1954, for a period of 3 years.  He was honorably discharged from the USAR on 20 January 1956, to accept an appointed as a commissioned officer in the USAR.

8.  There is no evidence in the FSM official military records showing that the FSM was wounded as a result of hostile action by enemy forces while he was in the Army.  There are no orders contained in his official record showing he was ever awarded the Silver Star, the Bronze Star Medal, or the Purple Heart.

9.  The applicant submits a letter from the NPRC dated 25 August 2011, notifying her that the FSM is authorized the following awards:

* Army Good Conduct Medal
* American Defense Service Medal with one bronze service star
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* National Defense Service Medal
* Korean Service Medal with one bronze service star and one silver service star
* United Nations Service Medal
* Honorable Service Lapel Button World War II
* Expert Marksmanship Qualification Badge with Bayonet and Rifle Bars

10.  She submits a self-authored letter to the NPRC, dated 1 September 2011, stating:

* She requested a listing of all award and medals the FSM received while in service to his country
* She received a packet of information but when she compared those records to the one she has she found that there were two DD Forms 214 that were not included in the packet, which she was then including
* She would like the two DD Forms 214 to be verified
* She needs the information for the FSM’s headstone

11.  The applicant also submits two copies of the FSM’s DD Form 214 dated 4 December 1954, which appear to have been altered.  Both copies show in Item 29 the entry “Wound over Right Eye.  C.I.B. Korea 1951 w/Star BronzStar 1951 Silver Star 1951.”  This entry is not shown on the DD Form 214 dated 4 December 1954, contained in his official military record.
12.  Army Regulation 600-8-22 (Military Awards) states:

   a.  the Silver Star 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;

   b.  the Bronze Star Medal 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 n 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; and

   c.  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.

DISCUSSION AND CONCLUSIONS:

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

2.  As previously stated, the two copies of the DD Forms 214 she submitted dated 4 December 1954 appear to have been altered to include the entry “Wound over Right Eye.  C.I.B. Korea 1951 w/Star BronzStar 1951 Silver Star 1951” in item 29.  The DD Form 214 contained in the FSM’s official record covering the same period of service shows the entry “None” in item 29.  

3.  There is no evidence in the FSM’s official military record showing he was wounded as a result of hostile action by enemy forces while he was in the Army.  The FSM’s military record does not contain orders showing that the FSM was ever awarded the Silver Star, the Bronze Star Medal, or the Purple Heart.  His DD Form 214, dated 4 December 1954 should not be amended to show these awards.

4.  In view of the foregoing, the applicant’s request should be denied.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20110019740





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ABCMR Record of Proceedings (cont)                                         AR20110019740



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