IN THE CASE OF:	  

		BOARD DATE:	    12 December 2013

		DOCKET NUMBER:  AR20130006204 


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her deceased father, a former service member (FSM), be corrected to show the Silver Star, Bronze Star Medal, and Purple Heart as well as his correct rank.

2.  The applicant states:

	a.  The only discharge statement she has a record of does not give a complete list of her father's awards and decorations.  She also thinks it is possible it has the incorrect rank.  The ribbons on her father's uniform show the Purple Heart which is not listed on his discharge document.  She knows he was wounded while serving in Korea and he was treated in Japan before being redeployed.  In addition, his uniform has second lieutenant bars on the pocket.  

	b.  Her father competed two periods of service.  He served in the U.S. Navy (USN) from 15 June 1944 to 14 February 1946 and he also served in the U.S. Army from 30 December 1946 to 4 December 1954.  His civil service retirement provides evidence for his entire period of Army service.  He was partly stationed in Germany and he had a special assignment as a bodyguard to General Eisenhower in Paris from 6 January to 10 March 1951.  

	c.  He returned to the United States in 1952 and he was sent to Korea shortly after.  During his service in Korea, he was a member of the Korea Military Advisory Group.  This was possibly his last assignment before discharge.  While in Korea, he was wounded and sent to Japan for treatment before being redeployed to Korea.  His uniform shows among his ribbons, the Purple Heart, the Silver Star, and the Bronze Star Medal.  

3.  The applicant provides:

* Photograph of a uniform with ribbons
* DD Form 214
* 1946 USN Honorable Discharge Certificate
* Notice of USN Separation
* December 1954 Honorable Discharge Certificate (enlisted)
* March 1957 Honorable Discharge Certificate (U.S. Army Reserve (USAR), officer)
* Civil Service application for retirement
* Military Identification Card
* Investigator Authorization Card
* Verification of service, Army and Navy 
* Certificate of Birth
* Parent's Certificates of Death

CONSIDERATION OF EVIDENCE:

1.  The FSM’s 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 FSM’s 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.

2.  The FSM's Notice of Separation from U.S. Naval Service shows he was inducted into the USN and entered active duty on 15 June 1944.  He completed the Motor Machinist School.

3.  He was honorably separated from the USN on 14 February 1946.  His USN Separation Document and Honorable Discharge Certificate (provided by the applicant) show he was awarded or authorized the [World War II] Victory Medal, American Area [Medal], and the Asiatic Pacific [Theater Campaign Ribbon].  

4.  The FSM appears to have reenlisted in the Regular Army on 12 April 1949.  His reenlistment contract is not available for review with this case.  However, his reconstructed records contain a War Department Form Number 371 (Final Payment Roll), dated 14 April 1949 that shows he was discharged on 11 April 1949 and received final payment while assigned to Service Company, 18th Infantry Regiment.  This document contains the entry: 
Regular Army Sergeant, Grade 3, 30 December 1946, 48 Months, Honorable Discharge 11 April 1949; reenlisted in the Regular Army 12 April 1949, No lost time

5.  The FSM's DD Form 214 shows, after having had prior service, he reenlisted in the U.S. Army on 12 April 1949 in Heidelberg, Germany.  This form also shows that at the time of his separation his most significant assignment  (i.e., his last assignment) was with Headquarters, 21st Military Police (Criminal Investigation Command). 

6.  This DD Form 214 shows he completed 5 years, 7 months, and 23 days of creditable military service during this period and he had 3 years, 11 months, and 12 days of other service.  It also shows he completed 4 years, 8 months, and 20 days of foreign service. 

7.  His reconstructed records contain Special Orders Number 236, issued by Headquarters, 5044 Support Unit - Transfer Station, Fort Carson, CO on 30 November 1954, releasing him from assignment on 4 December 1954, in the rank/grade of sergeant first class (SFC)/E-6. 

8.  He was honorably discharged on 4 December 1954 in the temporary rank/grade of (SFC (T))/E-6 at Fort Carson, CO.  His date of rank is listed as 
17 December 1951.

9.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded or authorized the:

* United Nations Service Medal
* Korean Service Medal with 3 bonze service stars
* National Defense Service Medal

10.  There is no indication in the FSM's reconstructed record that he was awarded any other awards, decorations, badges, or citations.  Likewise, there are no orders in his reconstructed records that confirm he was recommended for or awarded the Purple Heart, Silver Star, or Bronze Star Medal.

11.  Item 29 (Wounds Received as Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."  His name is not listed on the Korean Casualty file.


12.  It appears after his discharge in December 1954 he may have been appointed as an officer of the USAR.  However, his officer records are also not available for review with this case except for one document provided by the applicant.  This is an Honorable Discharge Certificate that shows he was honorably discharged from the USAR in the rank of second lieutenant on 19 March 1957.  

13.  It appears he was employed by the Department of Justice, Drug Enforcement Administration and retired from that agency on 30 September 1977 after 21 years of civilian service.  His Application for Retirement (provided by the applicant) shows he served in the USN from 15 June 1944 to 14 February 1946 and in the U.S. Army from 30 December 1946 to 4 December 1954 (SFC/E-6).

14.  The applicant provides a photograph of a uniform with ribbons on it. 

15.  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 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.

	c.  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 in 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.  

16.  War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms.  These regulations state, in pertinent part, that the purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation.  The WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and subsequently, the DD Form 214 is prepared for all enlisted personnel separated from the service due to discharge, release from active duty or transfer to a Reserve Component, or retired.  Item 3 of the DD Form 214 shows the grade held at the time of separation with an indication if temporary or permanent.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's complete records are not available for review with this case.  However, there is sufficient evidence to show he served in the USN from 15 June 1944 to 14 February 1946.  His USN service is not within the purview of this Board.  He appears to have served in the Regular Army from 30 December 1946 to 11 April 1949 and then from 12 April 1949 to 4 December 1954.  

2.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) (the separation document used during World War II) and/or DD Form 214 for the period 30 December 1946 through 11 April 1949, is not available for review with this case.  There is insufficient documentary evidence to determine where the applicant served during this period of service or what awards and decorations he earned. 

3.  His DD Form 214 for the period 12 April 1946 through 4 December 1954 is available; however, it does not reflect the Silver Star, Bronze Star Medal, or Purple Heart.  It also shows his rank/grade as SFC/E-6.

4.  As for the Silver Star and Bronze Star Medal, the FSM's record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Silver Star or the Bronze Star Medal.  There is no documentary evidence in the available record and the applicant did not submit any substantiating evidence that shows the specific acts of heroism and courage against the enemy that the FSM performed with marked distinction and led to meeting the criteria for award of the Silver Star and/or Bronze Star Medal.  A photograph of a uniform with ribbons on it is insufficient in establishing entitlement to awards and decorations. 

5.  With respect to the Purple Heart:  

	a.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  There is no evidence in his reconstructed records and she did not provide any evidence that shows the FSM was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record.  In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.

6.  With respect to the grad/rank, at the time of his release from active duty:

	a.  He held the temporary rank of SFC and the effective date of this rank is shown as 17 December 1951.  In the absence of an official appointment and/or promotion order or in the absence of evidence to the contrary, it must be presumed the entry in item 3 of his DD Form 214 regarding the date of his temporary grade is correct and there is no reason to change it. 

	b.  Although it appears he may have served as an officer subsequent to his separation from active duty, he did so in the U.S. Army Reserve, a few years after his separation from active duty.  There is no provision in the regulation to list a future grade, served in another Army component, on a previously-issued DD Form 214. 

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)                                         AR20130006204



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ABCMR Record of Proceedings (cont)                                         AR20130006204



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