IN THE CASE OF:	  

		BOARD DATE:  9 October 2012

		DOCKET NUMBER:  AR20120005577 


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 deceased former service member (FSM), requests:

   a.  item 11c (Date of Entry) of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 June 1959 be corrected to show 4 August 1949; and      

   b.   the Republic of Korea War Service Medal (ROKWSM), Purple Heart, Combat Infantryman Badge (CIB), National Defense Service Medal (NDSM), United Nations Service Medal (UNSM), and four bronze stars (apparently she means the Bronze Star Medal (BSM)) be added to this DD Form 214.      

2.  The applicant states:

* in 1973 records were destroyed in the National Personnel Records fire in St. Louis
* only one document survived the fire, the FSM's last DD Form 214 which shows his total active service as 10 years, 10 months and 18 days but nothing else
* she is in possession of various awards that prove his Korean War service
* he received four bronze stars and a Purple Heart   

3.  The applicant provides:

* FSM's death certificate
* DD Form 214 for the period ending 22 June 1959
* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 10 October 1950
* DD Forms 215 (Correction to DD Form 214), dated 2 July 2004 and 
      3 September 2004
* Four award certificates for the Purple Heart
* Permanent orders 108-01, dated 18 April 1995
* Numerous newspaper articles
* Two photographs
* DA Form 24 (Service Record)
* Service personnel records
* Honorable Discharge Certificates, dated 22 June 1959, 20 September 1956, and 10 October 1950
* Orders and two award certificates for the BSM with "V" Device for heroism on 21 November 1952 in Korea
* Citation and two award certificates for the BSM with First Oak Leaf Cluster for meritorious service during the period 1 November 1952 to 
      27 July 1953
* Two affidavits
* A document from the 40th Infantry Division, 224th Infantry Regiment pertaining to casualties of the Korean War    

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 enlistment record shows he enlisted in the Regular Army (RA) on 4 August 1948 for a period of 3 years.  He served as a rifleman and was honorably discharged on 10 October 1950.

3.  His DD Form 214 for the period ending 10 October 1950 shows his date of entry was 4 August 1948 in item 19 (Date and Place of Entry into Active Service).  Item 22 (Net Service Completed for Pay Purposes This Period) shows he completed 2 years, 2 months, and 6 days.

4.  He reenlisted on 11 October 1950 for a period of 6 years.  He served as a rifleman in Korea from approximately 27 October 1952 to 26 August 1953.  On 20 September 1956, he was honorably discharged for immediate reenlistment.

5.  Orders, dated 4 December 1952, show he received the BSM with "V" Device for heroic achievement on 21 November 1952 in Korea.

6.  Orders, dated 24 November 1953, show he received the BSM with Oak Leaf Cluster for meritorious service during the period 1 November 1952 to 27 July 1953.

7.  There are no orders in the available records which show he received a third or fourth award of the BSM.  

8.  The available records do not contain a DD Form 214 covering the period 
11 October 1950 to 20 September 1956.  However, the FSM was issued a Certification of Military Service which shows he was a member of the RA from 
11 October 1950 to 20 September 1956.  This form also shows he was wounded in action on 9 November 1952 and 22 November 1952 and he received the following awards:

* Good Conduct Medal
* Korean Service Medal with three bronze service stars
* BSM with "V" Device with Oak Leaf Cluster
* UNSM
* NDSM
* Purple Heart with One Oak Leaf Cluster
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Glider Badge

9.  He reenlisted on 21 September 1956 for a period of 3 years.  On 22 June 1959, he was honorably discharged.   

10.  His DD Form 214 for the period ending 22 June 1959 shows the Good Conduct Medal as an authorized award.  Item 24a(2) (Other Service) of this     DD Form 214 shows he had 8 years, 1 month, and 16 days of service (his prior RA service). 

11.  The applicant provided a DD Form 215, dated 2 July 2004, which amended the FSM's DD Form 214 for the period ending 22 June 1959 by adding the:

* Republic of Korea Presidential Unit Citation
* Good Conduct Medal
* Korean Service Medal with three bronze service stars
* BSM with "V" Device and one bronze Oak Leaf Cluster
* UNSM
* NDSM
* Purple Heart with First Oak Leaf Cluster
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Glider Badge  

12.  Since the Purple Heart, CIB, NDSM, and UNSM were added to his DD Form 214 for the period ending 22 June 1959, this portion of the applicant's request will not be discussed further in these proceedings.  A copy of the DD Form 215 will be provided to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) states the BSM 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.  

14.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM's date of entry be corrected on his DD Form 214 for the period ending 22 June 1959 to show 4 August 1949.  However, evidence shows he enlisted in the RA on 4 August 1948 which is properly shown 


on his DD Form 214 for the period ending 10 October 1950.  His prior RA service (from 4 August 1948 to 20 September 1956) is properly shown in item 24a(2) of his DD Form 214 for the period ending 22 June 1959.  Therefore, there is insufficient evidence on which to amend his date of entry on his DD Form 214 for the period ending 22 June 1959.  A copy of this DD Form 214 will be provided to the applicant.

2.  The FSM served a period of qualifying service for award of the ROKWSM.  His DD Form 214 for the period ending 22 June 1959 should be corrected to show this medal. 

3.  Although the applicant contends the FSM received four awards of the BSM, orders show he received two awards of the BSM, one for valor and one for meritorious service.  His DD Form 214 for the period ending 22 June 1959 was amended to show the BSM with "V" Device and one Bronze Oak Leaf Cluster (two awards) in 2004.  Since there are no orders for a third or fourth award of the BSM, there is insufficient evidence on which to base adding two additional awards of the BSM to his DD Form 214 for the period ending 22 June 1959.     

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 adding the ROKWSM to his DD Form 214 for the period ending 22 June 1959.

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 date of entry or 


adding two additional awards of the BSM to his DD Form 214 for the period ending 22 June 1959.  



      __________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)                                         AR20120005577





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ABCMR Record of Proceedings (cont)                                         AR20120005577



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