IN THE CASE OF:  

		BOARD DATE:  11 December 2012

		DOCKET NUMBER:  AR20120010318 


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 daughter of a deceased former service member (FSM), requests her father be awarded the Purple Heart.

2.  The applicant states her father's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was wounded as a result of action with enemy forces at Chechon, Korea on 1 April 1951.  The family has no record that the Purple Heart was awarded to her father.

3.  The applicant provides:

* Her Certificate of Live Birth
* The FSM's DD Form 214
* The FSM's Certificate of Death

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 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in 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 enlisted in the Regular Army on 10 August 1948.  He was honorably discharged on 18 June 1952 at the expiration of term of service.  He completed 3 years, 6 months, and 22 days of net service this period with 1 year and 24 days of foreign service in Korea.  The DD Form 214 the FSM was issued at the time shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Combat Infantryman Badge
* Korea Service Medal with five bronze service stars
* Army of Occupation Medal with Japan Clasp

	b.  item 28 (Most Significant Unit Assignment) the entry "HEADQUARTERS COMPANY, 2D BATTALION, 31ST INFANTRY REGIMENT"; and

	c.  item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "WOUND SHRAPNEL, R (RIGHT) LEG, R ARM, AND STOMACH,
1 APRIL 1951, CHECHON, KOREA."

4.  A review of the Korean Casualty File does not show the FSM's name as a casualty.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	c.  The United Nations Service Medal period of eligibility was between
27 June 1950 and 27 July 1954.  This medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	d.  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 1953.  The service prescribed must have been performed as follows: (1)  while on permanent assignment; (2)  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 (3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War.  This pamphlet shows the unit to which the FSM was assigned was cited for award of the Republic of Korea Presidential Unit Citation for the period 30 September 1950 through 27 July 1953 by Department of the Army General Orders Number 23, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's record shows he was wounded in action in Korea on 1 April 1951.  Therefore, the FSM should be posthumously awarded the Purple Heart accordingly and his DD Form 214 should be corrected to show this award.

2.  The FSM served during a qualifying period service for entitlement to the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these service awards.

3.  The FSM's unit was cited for award of the Republic of Korea Presidential Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.


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.  posthumously awarding the FSM the Purple Heart for wounds received as result of hostile enemy action on 1 April 1951, and;

	b.  adding to the FSM's DD Form 214 the:

* Purple Heart
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation



      _____________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)                                         AR20110006568



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ABCMR Record of Proceedings (cont)                                         AR20120010318



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