BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021761
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 award of the Purple Heart for his father, a former service member (FSM), who was killed in action in Korea and that it be added to his DD Form 214 (determined to be the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) submitted with his application).
2. The applicant states his father was a member of the 65th Infantry Regiment and was killed in action. The National Archives data base shows his father was killed in action but the DD Form 214 he has does not indicate that he was awarded the Purple Heart.
3. The applicant provides:
* his father's WD AGO Form 53-55 with a date of separation date of
20 November 1945
* a printout from U.S. National Archives & Records Administration (NARA)
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 FSMs 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. It is believed that the FSMs records were lost or destroyed in that fire. The only records available to this Board is the FSM's WD AGO Form 53-55 and limited files provided by the National Personnel Records Center, St. Louis, MO and are sufficient for the Board to conduct a fair and impartial review of this case.
3. The WD AGO Form 53-55 shows the FSM enlisted in the Regular Army (RA)
on 27 June 1940. He had 18 years prior service in the RA. He was honorably discharged on 20 November 1945 to reenlist in the RA. His grade is shown as staff sergeant.
4. The WD AGO Form 53-55 does not show he was awarded the Purple Heart.
5. A letter, dated 5 May 1952, from the Office of the Quartermaster General, Washington DC, states the FSM served as a staff sergeant with the 65th Infantry Regiment, 3rd Infantry Division.
6. The Korean Conflict Casualty File, maintained by NARA, lists the FSM as killed by hostile action in Korea on 17 October 1950.
7. The Awards Branch at Human Resources Command indicates no orders were issued posthumously awarding the FSM the Purple Heart.
8. The Purple Heart is awarded in the name of the President of the United States and per Title 10, U.S. Code. section 1131, effective 19 May 1998, is limited to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed:
* in any action against an enemy of the United States
* as the result of an act of any such enemy of opposing Armed Forces
* as the result of an act of any hostile foreign force
DISCUSSION AND CONCLUSIONS:
1. NPRC records show the FSM served as a staff sergeant with the 65th Infantry Regiment, 3rd Infantry Division.
2. NARA records show the FSM was killed in action on 17 October 1950 in Korea. HRC indicates no orders for the award of the Purple Heart were issued. Therefore, it is appropriate to posthumously award the FSM the Purple Heart effective 17 October 1950.
3. The period of service shown on the FSM's WD AGO 53-55 ends on
20 November 1945. Therefore, it is not appropriate to include the Purple Heart on this form. A DD Form 214 is not issued for members who die while on active duty. Therefore, in this case, the orders and certificate are the only means of documenting the award of the Purple Heart.
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
posthumously awarding the FSM the Purple Heart, effective 17 October 1950, while serving as a staff sergeant with the 65th Infantry Regiment, 3rd Infantry Division.
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 adding the award to a
DD Form 214 or the FSMs WD AGO Form 53-55.
_______ _ 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) AR20110021761
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110021761
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | AR20070005349C071029
The applicant requests in two separate applications, posthumous award of the Purple Heart, the Prisoner of War Medal, the Bronze Star Medal and the Combat Infantryman Badge to her deceased father, a former service member (FSM). The applicant states, in effect that the FSM is entitled to these decorations and his records should be corrected accordingly. However, the FSM is not entitled to award of the Purple Heart, the Combat Infantryman Badge or the Bronze Star Medal.
ARMY | BCMR | CY2011 | 20110018916
The applicant, the daughter of a deceased former service member (FSM), requests, in effect, correction of her father's record to show award of the Purple Heart (2nd Award), Prisoner of War Medal, Combat Infantryman Badge (2nd Award), National Defense Service Medal, Republic of Korea War Service Medal, Army Good Conduct Medal (2nd Award), Republic of Korea Presidential Unit Citation, and the Presidential Unit Citation. The FSM's record contains a form, titled "Authorization for Issuance of...
ARMY | BCMR | CY2002 | 2002083057C070215
The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show that he was wounded in action and awarded the Purple Heart. The applicant was wounded on 26 January 1945. The son of the FSM who was killed in the incident contacted his congressional representative, requesting posthumous award of the Purple Heart and Bronze Star Medal to his father.
ARMY | BCMR | CY2011 | 20110005267
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his award of the Purple Heart. The FSM's WD AGO Form 53-55 also shows the entry "Not available"; however, evidence shows the FSM was wounded in action on 1 April 1945 in the European theater. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130021553
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) of his deceased father, a former service member (FSM), be corrected to show his grade as staff sergeant (S/Sgt) vice sergeant (Sgt) and the following awards: * European-African-Middle Eastern Campaign Medal with 3 bronze service stars (instead of 2 stars) * Belgian Fourragere Lanyard * Purple Heart * Prisoner of War (POW) Medal * Expert Marksmanship Qualification Badge with Carbine...
ARMY | BCMR | CY2014 | 20140017640
The applicant, the son of a deceased former service member (FSM), requests correction of his father's military records to reflect a third award of the Purple Heart, the Military Merit Medal, and the Medal of Honor. The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 3 October 1945 * Headquarters, National Defense Forces, General Orders Number 34, dated 21 January 1948 * WD AGO Form 53 (Enlisted Record and Report of...
ARMY | BCMR | CY2010 | 20100010311
The applicant requests, through his Member of Congress, the records of his father, a former service member (FSM), be corrected to show award of the Combat Infantryman Badge, the Bronze Star Medal, and the Purple Heart, and payment of combat pay for his actions on 26 December 1944. The applicant provides: * letter from the National Archives and Records Administration * WD AGO Form 100 (Separation Qualification Record) * letter orders, dated 7 June 1945 * letter from the Center of Military...
ARMY | BCMR | CY2013 | 20130016863
The applicant also provided a copy of and the FSM's available record contains the following: a. The available evidence shows the FSM was wounded in action on 21 or 22 January 1945 in Belgium, was hospitalized, and discharged with a certificate of disability on 23 August 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding the FSM the Purple Heart for wounds received in action on 22 January 1945 * Adding to...
ARMY | BCMR | CY2010 | 20100025390
The applicant provides copies of the FSM's death certificate, a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), a 1947 Veterans Administration (VA) benefits development letter, a 1950 VA benefits increase award letter, a 1947 letter from a fellow Soldier, and a list of service members from the FSM's unit. 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...
ARMY | BCMR | CY2009 | 20090008469
The applicant requests that the records of his deceased father, a former service member (FSM), be corrected to show award of the Silver Star and all other authorized awards and decorations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of the FSM's amended WD AGO Form 53-55 the entries "2 Bronze Service Stars" and "European African Middle Eastern Theater Ribbon WDC 62 44"; and b. adding to item...