BOARD DATE:	 31 December 2013 

		DOCKET NUMBER:  AR20130007267 


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 that the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his deceased father, a former service member (FSM), be corrected to reflect all of his authorized awards.

2.  The applicant states he recently requested all of his father’s medals from the National Personnel Records Center (NPRC).  He was informed his father's awards did not include the Purple Heart with Oak Leaf Cluster (OLC), Silver Star, or the Bronze Star Medal with OLC and “V” Device.  He goes on to state that he was informed that his father’s records had been destroyed in the 1973 fire at the NPRC. 

3.  The applicant provides copies of his birth certificate, his father’s death certificate, and his father’s DD Form 214. 

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the FSM'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 FSM originally enlisted in the Regular Army on 6 March 1946.  He completed his training as a clerk and departed for the European Theater of Operations (ETO) on 29 June 1946.  He departed the ETO on 3 December 1948 and arrived in the United States on 15 December 1948.

4.  On 18 December 1948 he was honorably discharged at Camp Kilmer, New Jersey.  His WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) shows he was awarded the World War II Victory Medal and the Army of Occupation Medal with (Germany Clasp).

5.  On 11 October 1950, while serving as a member of the Enlisted Reserve Corps (ERC), now known as the U.S. Army Reserve, the FSM was ordered to active duty as an infantryman.  He was transferred to Korea and served with Company L, 19th Infantry Regiment. 

6.  The FSM received a gunshot wound to the left arm on 12 April 1951 and he received a gunshot wound to the upper right thigh on 26 June 1951. He was evacuated from the theater due to his wounds.  He was also promoted to the rank of sergeant on 27 June 1951.  

7.  On 4 March 1952, he was honorably released from active duty (REFRAD) at the U.S. Army Hospital at Camp Atterbury, Indiana and he was transferred to the ERC.  The DD Form 214 he was issued at the time of REFRAD shows he was awarded the Combat Infantryman Badge and the Korean Service Medal with one bronze service star.

8.  A review of the Korean Casualty Listing confirms that the FSM was reported as a battle casualty on 12 April 1951 and on 26 June 1951 and he was evacuated after his last wound.

9.  A review of the available records failed to show the FSM was awarded the Purple Heart with one OLC, Silver Star, or the Bronze Star Medal with OLC and “V” Device.

10.  On 7 January 2013, the NPRC authorized the issuance of medal sets to the FSM for awards of the World War II (WWII) Victory Medal, Army of Occupation Medal with Germany Clasp, National Defense Service Medal, Korean Service Medal with one bronze service star, Combat Infantryman Badge (1st Award), United Nations Service Medal, and the Honorable Service Lapel Button – WWII.

11.  Army Regulation 600-8-22 (Military Awards) states:

   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 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.

	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 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.  

   d.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	e.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

   f.  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 or on temporary duty for     30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	g.  The bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on awards of these medals.

DISCUSSION AND CONCLUSIONS:

1.  The FSM’s DD Form 214 clearly shows he was wounded twice while serving in Korea and therefore it is reasonable to presume that he was awarded the Purple Heart with 1OLC as the applicant contends.  Accordingly, award of the Purple Heart with 1OLC should be added to his DD Form 214, dated 4 March 1952. 

2.  The FSM served during a qualifying period for award of the National Defense Service Medal and the United Nations Service Medal.  Accordingly, these medals should be added to his DD form 214 at this time.

3.  The FSM served during a qualifying period for award of the ROKWSM.  Accordingly, this medal should be added to his DD Form 214.

4.  The FSM was awarded the WWII Victory Medal, Army of Occupation Medal with Germany Clasp, and the Honorable Service Lapel Button-WWII.  These medals should be added to his DD Form 214.

5.  While the applicant claims that the FSM was awarded the Silver Star and the Bronze Star Medal with OLC and “V” Device, he has failed to show through the evidence of record and sufficient evidence submitted with his application that such was the case.  Therefore, in the absence of such evidence there appears to be no basis to add these awards to the FSM’s DD Form 214 at this time.









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 Purple Heart with 1OLC, Republic of Korea War Service Medal, WWII Victory Medal, Army of Occupation Medal with Germany Clasp, National Defense Service Medal, United Nations Service Medal, and Honorable Service Lapel Button- WWII to his DD Form 214, dated 4 March 1952.

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 Silver Star and Bronze Star Medal with OLC and “V” Device to the FSM’s DD Form 214.  




      _______ _  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)                                         AR20130007267



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ABCMR Record of Proceedings (cont)                                         AR20130007267



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