IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130009801
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 correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.
2. The applicant states the Purple Heart was never added to her father's service records.
3. The applicant provides a copy of the FSM's Purple Heart Certificate.
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 National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based the FSM's DD Form 214.
3. The FSM's DD Form 214 shows:
a. He enlisted in the Regular Army and entered active duty on 23 November 1951.
b. He served 2 years, 1 month, and 17 days of foreign and/or sea service.
c. He was awarded or authorized the Korean Service Medal with two bronze service stars, United Nations Service Medal, Combat Infantryman Badge, and the National Defense Service Medal.
d. His most significant duty assignment was with Company B, 5th Cavalry Regiment, APO 201 (Korea) as a light weapons infantryman.
e. He received a shell fragment wound to the forehead on 1 April 1953 as a result of action with enemy forces.
f. He was honorably released from active duty on 9 November 1954.
4. There are no orders in the FSM's available records awarding him the Purple Heart for wounds sustained on 1 April 1953.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Purple Heart 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.
b. 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 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.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II and the Korean conflict. This pamphlet shows the 5th Calvary Regiment was awarded the Bravery Gold Medal of Greece for service during the period of the Korean War by Department of the Army General Orders Number 2, dated 1956.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's records should be corrected to show the Purple Heart has been carefully considered.
2. The available evidence shows the FSM received a shell fragment wound to the forehead on 1 April 1953 as a result of action with enemy forces. However, there are no orders in his available records awarding him the Purple Heart for wounds sustained on 1 April 1953. Therefore, it would be appropriate to award the FSM the Purple Heart at this time and to correct his DD Form 214 to show this award.
3. The FSM served a period of qualifying service in Korea for award of the Republic of Korea War Service Medal. Therefore, this award should be added to his DD Form 214.
4. Evidence shows the FSM's most significant duty assignment was with Company B, 5th Calvary Regiment, APO 201 (Korea). Evidence further shows the 5th Cavalry Regiment was awarded the Bravery Gold Medal of Greece for service during the Korean War. It would be reasonable to presume that the FSM was assigned to this unit during the Korean conflict. Therefore, it would be appropriate to correct his DD Form 214 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. awarding the FSM the Purple Heart for wounds sustained on 1 April 1953; and
b. adding to the FSM's DD Form 214 the Purple Heart, Republic of Korea War Service Medal, and the Bravery Gold Medal of Greece.
____________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) AR20130009801
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ABCMR Record of Proceedings (cont) AR20130009801
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