IN THE CASE OF:	  

		BOARD DATE:  18 February 2014

		DOCKET NUMBER:  AR20130010340 


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 widow of a decease former service member (FSM), requests the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the Bronze Star Medal and the Purple Heart.  

2.  The applicant states she has the medals but she does not have the documents stating when the medals were awarded.  

3.  The applicant provides a DD Form 214 for the period 13 August 1954 to 
28 April 1955.

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 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 are sufficient documents in a reconstructed record for the Board to make a fair and impartial adjudication of this case. 

3.  The available records show the FSM enlisted in the Regular Army on 
5 November 1951 for training as a medical aid man.  

4.  Item 46 (Record of Current Service) of his DA Form 20 (Qualification Record - Enlisted Personnel) shows he served in Korea from May 1952 to June 1953.  

5.  Section 17 (Indorsements) of his DD Form 230 (Service Record) shows he was assigned to the Medical Company, 23rd Infantry Regiment while in Korea.  

6.  An AGO Form 0708 (Record of Award of Decoration) shows he was awarded the Bronze Star Medal with "V" (valor) device for heroic achievement in the vicinity of Chorwon, North Korea from 30 July to 5 August 1952.  

7.  The FSM was discharged for the purpose of immediate reenlistment on 
12 August 1954.  It is presumed he was issued a DD Form 214 for this period of service; however, the DD Form 214 is not available for review.  

8.  Section 8 (Wounds Received Through Enemy Action) of his DD Form 230 contains no entries indicating he was wounded in action.  

9.  Section 9 (Medals, Decorations, and Citations) of his DD Form 230 shows he earned the following awards during this period of service:

* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* MBAD (interpreted to mean the Combat Medical Badge)
* Bronze Star Medal 
* National Defense Service Medal 
	
9.  The FSM reenlisted on 13 August 1954 and served on active duty until 
28 April 1955.  His DD Form 214 for this period of service shows he earned the Army Good Conduct Medal.  

10.  There is no evidence in the FSM's available records that shows he was awarded the Purple Heart or that he sustained injuries as a result of hostile action.  His name is not listed on the Korean War Casualty List.  

11.  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.

12.  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 23rd Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for service during the period 16 September 1950 to 
26 October 1953 by Department of the Army General Orders Number 10, dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's DD Form 214 should be corrected to show the Bronze Star Medal and the Purple Heart has been carefully considered.  

2.  Evidence shows the FSM was awarded the Bronze Star Medal with "V" device for heroic achievement during the period 30 July - 5 August 1952.  

3.  Evidence further shows the FSM was awarded or authorized the Korean Service Medal with two bronze service stars, United Nations Service Medal, Combat Medical Badge, and the National Defense Service Medal.  These awards, along with the Bronze Star Medal, may have been recorded on the FSM's DD Form 214 covering the period 5 November 1951 through 12 August 1954.  However, based on the fact that the DD Form 214 for the above mentioned period is not available, these awards should be added to his DD Form 214 covering the period 13 August 1954 to 28 April 1955.

4.  The FSM's unit of assignment during his service in Korea was awarded the Republic of Korea Presidential Unit Citation for service during a period he was assigned to this unit.  Therefore, this unit award should also be added to his DD Form 214.  

5.  The available evidence shows that the FSM served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, this medal should be added to his DD Form 214.

6.  There is no evidence in the FSM's available records indicating he was awarded the Purple Heart or that he sustained injuries as a result of hostile action.  His name is not listed on the Korean War Casualty List.  Therefore, there is insufficient evidence on which to base adding the Purple Heart to his DD Form 214.

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 to the FSM's available DD Form 214 the following awards:

* Bronze Star Medal with "V" device
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Combat Medical Badge
* National Defense Service Medal 
* Republic of Korea Presidential Unit Citation 
* Republic of Korea War Service Medal

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 Purple Heart 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)                                         AR20130010340



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ABCMR Record of Proceedings (cont)                                         AR20130010340



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