BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120021631 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his award of the Purple Heart (PH) and the Bronze Star Medal (BSM).  He also requests that an additional bronze service star be added to his Korean Service Medal (KSM).

2.  The applicant states he received the medals of the PH and BSM but they were never entered on his DD Form 214 or DD Form 215 (Correction to DD Form 214).  He goes on to state he was originally awarded two bronze service stars on his KSM; however, he was subsequently issued a DD Form 215 that changed his bronze service stars to only one.  He continues by stating that records were not kept up to standards because of incompetent clerks.  He also states he was a forward observer on Sandbag Castle, Bloody Ridge, Outpost II on Finger Ridge and they received mortar and artillery rounds, went on patrols every day, and participated in firefights.  He further states he was treated by a medic at an aid station and a lieutenant colonel gave him a BSM.  The aid station gave him a PH and he still has shrapnel in his right arm.

3.  The applicant provides copies of his DD Form 214 and DD Form 215 and two pages from a service organization newsletter.

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 the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States in Oklahoma City, OK on 13 October 1952.  He was promoted to the rank of sergeant on
23 October 1953.

4.  On 12 October 1954, he was honorably released from active duty (REFRAD) at Fort Carson, CO at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) to complete his statutory service obligation.  He completed 2 years of net active service that included 1 year, 1 month, and 8 days of foreign service.

5.  The DD Form 214 he was issued at the time shows in:

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

* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Army Good Conduct Medal

	b.  item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "None."

6.  On 23 January 1957, a DD Form 215 was issued to the applicant that added the awards of the Combat Infantryman Badge and the Republic of Korea Presidential Unit Citation Badge.  It also corrected his DD Form 214 to show the award of the Korean Service Medal with one bronze service star instead of two bronze service stars.

7.  A review of the Korean Casualty Roster failed to show any indication of the applicant being reported as a casualty.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The PH 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.  As with all personal decorations announcement in orders are required.

	b.  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, announcement in orders are required.

	c.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded in action in Korea and that he was awarded the Purple Heart and Bronze Star Medal is not in doubt, there is no evidence of record and he did not provide any evidence to substantiate his claim.

2.  The awards of the Purple Heart and the Bronze Star Medal require that orders be issued in order for them to become a matter of official record.  In the applicant’s case no orders are present to substantiate his claim.

3.  In regard to the applicant’s claim that he should have two bronze service stars on his Korean Service Medal, it cannot be determined with any degree of 


certainty the period the applicant served in Korea or the campaigns he participated in.  It is also noted that his records were corrected and a DD Form 215 was issued when his records were available (prior to the 1973 fire at St. Louis).  Therefore, lacking evidence to show that the correction was made in error, there appears to be no basis to add an additional bronze service star to his Korean Service Medal.

4.  Unfortunately, the destruction of his records in the 1973 fire at St. Louis makes it difficult at best to determine what occurred during the applicant’s term of service and lacking sufficient evidence to show otherwise, it must be presumed that the information reflected on his DD Form 214/215 is correct.

5.  In view of the foregoing, there is an insufficient evidentiary basis for tranting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20120021631



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ABCMR Record of Proceedings (cont)                                         AR20120021631



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