IN THE CASE OF:  

		BOARD DATE:  11 March 2014

		DOCKET NUMBER:  AR20130012759


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 her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the:

* World War II Victory Medal
* Navy Occupation Medal with Europe Clasp
* Bronze Star Medal  (BSM)
* Army Commendation Medal (ARCOM)
* Purple Heart
* National Defense Service Medal (NDSM) with bronze service star
* Korean Service Medal (KSM) with 3 bronze service stars
* Republic of Korea Presidential Unit Citation (ROKPUC)
* Republic of Korea War Service Medal (ROKWSM)
* Korea Defense Service Medal (KDSM)

2.  The applicant states:

* she has received her deceased father's military records and has found the requested awards and decorations missing from the final DD Form 214 he was issued when he retired from active military service
* also missing is his initial DD Form 214 that covers his initial enlistment and service in the Republic of Korea, which should show his entitlement to the Bronze Star Medal and the Purple Heart
* these items should be corrected and a DD Form 215 (Correction to DD Form 214) should be issued; her family should receive any appropriate award certificates
* she is the only child of the deceased FSM
* since his death in 1990, she has been trying to obtain his military records
* as a result of her efforts, she has found numerous errors in her father's final DD Form 214
* his initial DD Form 214 is missing, this document is critical to proving his entitlement to the Purple Heart
* she was able to obtain a copy of General Orders Number 220, issued by the 2nd Infantry Division, which shows her father was awarded the Bronze Star Medal, although this award is not listed elsewhere in his records
* her father served his country faithfully for over 20 years, in the U.S. Navy and U.S. Army 
* she has exhausted all available means in her attempt to correct her father's records

3.  The applicant provides the following evidence in support of her request:

* her father's Certificate of Birth from DeKalb County, Indiana
* her father's Certificate of Death from DeKalb County, Indiana
* her birth certificate from the State of Colorado
* her application for marriage license from the State of Indiana
* her marriage certificate from the State of Indiana
* Naval Personnel (NAVPERS) Form 553 (Notice of Separation from U.S. Naval Service), for the period ending 17 February 1949
* an extract of NAVPERS Form 601 (Title Unknown), undated
* NAVPERS Form 1650/65 (Transmittal Of and/or Entitlement To Awards), dated 17 August 2004
* General Orders Number 220, issued by Headquarters, 2nd Infantry Division on 20 June 1953
* a memorandum from an assistant adjutant general, Headquarters, Fifth U.S. Army, Fort Sheridan, IL to the Commanding Officer, U.S. Army School Center/Post Headquarters, Fort Benjamin Harrison, IN, dated         15 May 1968
* ARCOM Certificate, dated 31 May 1968
* DD Form 214, for the period ending 31 May 1968
* an extract of Department of the Army (DA) Pamphlet (PAM) 672-1 (Unit Citation and Campaign Participation Credit Register)
* DA Form 20 (Enlisted Qualification Record)


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.  On 21 February 1946, the FSM enlisted in the U.S. Navy.  He served a period of 2 years, 11 months, and 28 days, and on 17 February 1949, he was honorably discharged.  His NAVPERS Form 553 indicates:

* he completed foreign and/or sea service during WWII; however, it does not state the location
* he was awarded or authorized the WWII Victory Medal

3.  On 14 December 1949, the FSM enlisted in the U.S. Army Reserve (USAR).  

4.  On 23 May 1951, the FSM enlisted in the Regular Army (RA).  He served a period of 2 years, 3 months, and 25 days, and on 17 September 1953, he was honorably discharged for the purpose of immediate reenlistment.  A DD Form 214 for this period of service was not issued because the discharge was for immediate reenlistment. 

5.  On 18 September 1953, the FSM reenlisted in the RA.  He served a period of 4 years, 9 months, and 14 days, and on 1 July 1958, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he was awarded or authorized the following awards:

* Army of Occupation Medal (Japan)
* NDSM
* KSM
* United Nations Service Medal (UNSM), shown as the "United Nations Medal"
* Army Good Conduct Medal (3rd Award)

6.  On 2 July 1958, the FSM reenlisted in the RA.  He served a period of 5 years, 9 months, and 1 day, and on 2 April 1964, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he was awarded or authorized the following awards:

* Letter of Appreciation
* Army Good Conduct Medal (3rd Award)

7.  On 3 April 1964, the FSM reenlisted in the RA.  

8.  Special Orders Number 313, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO on 9 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 27 October 1966.

9.  On 18 October 1967, he was promoted to the rank/grade of staff sergeant (SSG)/E-6.

10.  On 31 May 1968, after serving 4 years, 1 month, and 29 days of active service during this period of enlistment, he was honorably retired from the Army.  His DD Form 214 for this period shows he was awarded or authorized the following awards:

* Army of Occupation Medal (Japan)
* Army of Occupation Medal (Berlin)
* Combat Infantryman Badge (CIB)
* NDSM
* KSM
* UNSM
* Army Good Conduct Medal (6th Award)

11.  His DA Form 20 shows in:

   a. Item 31, he completed numerous periods of foreign service in the following overseas locations:

* Germany, from 1 May 1946 through 27 February 1949
* Korea, from 21 November 1951 through 22 July 1953 (assigned to the 9th Infantry Regiment)
* Japan, from 29 December 1953 through 13 December 1956
* Korea, from 11 August 1958 through 31 August 1959
* Germany, from 21 April 1961 through 21 February 1963
* Germany, from 8 August 1964 through 20 July 1966   
   b. Item 40 (Wounds) is void of any entries, indicating the absence of any documented wounds during his period of U.S. Army service.  

c. Item 41, he was awarded or authorized the following awards:

* Army of Occupation Medal (Japan)
* Army of Occupation Medal (Berlin)
* Combat Infantryman Badge (CIB)
* NDSM
* KSM
* UNSM
* Army Good Conduct Medal (6th Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

12.  The FSM's available personnel record does not contain orders for the ARCOM; however, it does contain an original memorandum from an assistant adjutant general, Headquarters, Fifth U.S. Army, dated 15 May 1968, which states the ARCOM had been awarded to the FSM and official orders would follow.  Additionally, the FSM's record contains his ARCOM award citation.

13.  The FSM's available personnel record does not contain orders for the Purple Heart, nor does it contain any documentation indicating he was treated for wounds or injuries he sustained after enemy contact during his foreign service in Germany, Japan, or Korea.

14.  The applicant provides:

   a. The FSM's NAVPERS Form 553, which shows he was awarded or authorized the WWII Victory Medal.

   b. General Orders Number 220, issued by Headquarters, 2nd Infantry Division on 20 June 1953, which show the FSM was awarded the BSM for meritorious service in connection with military operations against an enemy of the United States, during the period 9 November 1952 through 16 June 1953.

   c. An ARCOM Certificate, dated 31 May 1968; however, the certificate lacks an order number, and the award orders do not accompany the award certificate.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

   a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  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 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.

   c. 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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

   d. The KSM is awarded for qualifying service in the Theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized to be affixed to the Korean Service Medal for each campaign a Soldier is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Korea, participation credit was awarded for the following five campaigns:

* UN Summer – Fall Offensive (9 July 1951 – 27 November 1951)
* Second Korean Winter (28 November 1951 – 30 April 1952)
* Korea, Summer – Fall 1952 (1 May 1952 – 30 November 1952)
* Third Korean Winter (1 December 1952 – 30 April 1953)
* Korea, Summer 1953 (1 May 1953 – 27 July 1953)

   e. The ROKWSM was awarded to members of the U.S. Armed Forces who served in the Republic of Korea, and adjacent waters, between 25 June 1950 and 27 July 1954. The service prescribed must have been performed as follows (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of the Republic of Korea, or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over the Republic of Korea, participating in actual combat operations or in support of combat operations.



   f. The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

16.  General Orders Number 10, issued by Headquarters, Department of the Army in 1954, awarded his unit of assignment in the Republic of Korea, the 9th Infantry Regiment, the ROKPUC, for exceptionally meritorious service to the Republic of Korea during the period 16 September 1950 through 26 October 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her deceased father's DD Form 214, for the period ending 31 May 1968, to show he was awarded or authorized numerous awards that he received during his period of military service which were omitted from his final DD Form 214.  

2.  The FSM's NAVPERS Form 553 indicates he was awarded or authorized the WWII Victory Medal.  This medal is not shown on his final DD Form 214 for the period ending 31 May 1968; therefore, his DD Form 214 should be corrected to show it.

3.  General orders awarded the FSM the BSM for meritorious service during the period 9 November 1952 through 16 June 1953.  This award is not shown on his final DD Form 214 for the period ending 31 May 1968; therefore, his DD Form 214 should be corrected to show it.

4.  The FSM's record shows he served honorably during two separate qualifying periods for the NDSM.  His final DD Form 214 shows he was awarded or authorized only one award of the NDSM; therefore, his final DD Form 214 for the period ending 31 May 1968 should be corrected to show the NDSM with bronze service star, denoting a second award of the NDSM.

5.  The FSM served honorably in the Republic of Korea, from 21 November 1951 through 22 July 1953 and from 11 August 1958 through 31 August 1959.  These two periods of service entitle him to the KSM with one silver service star, the ROKWSM, and the KDSM.  These awards are not shown on his final DD Form 214 for the period ending 31 May 1968; therefore, his DD Form 214 should be corrected to show them.


6.  The FSM's unit of assignment in the Republic of Korea was awarded the ROKPUC during a period of time in which the FSM was assigned.  This unit award is not shown on his final DD Form 214 for the period ending 31 May 1968; therefore, his DD Form 214 should be corrected to show it.

7.  Special orders awarded the FSM the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his final         DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this marksmanship award. 

8.  The FSM's record contains an original memorandum and award citation that show he was awarded the ARCOM.  The timeframe indicated on these documents is consistent with the timeframe represented on the ARCOM Certificate submitted by the applicant.  Therefore, it is reasonable to conclude the FSM was awarded the ARCOM as a retirement award, and more than likely the corresponding award orders were misplaced and/or not forwarded for filing in the FSM's personnel record.  As such, it would be appropriate to correct his final   DD Form 214 to show he was awarded the ARCOM.

9.  Neither the FSM's available record, nor any evidence submitted by the applicant, show the FSM was previously awarded the Purple Heart, or he met the regulatory criteria for award of the Purple Heart.  Therefore, barring evidence to the contrary, there is an insufficient basis the grant this portion of the requested relief.

10.  The applicant requested correction of her deceased father's records to show his entitlement to the Navy Occupation Medal with Europe Clasp, based on his U.S. Naval service immediately following World War II (WWII).  

	a.  There is insufficient evidence in the available records to show the FSM was awarded or authorized this medal.  

   b.  Requests for record corrections related to past U.S. Naval service are not within the purview of this Board.  The applicant is advised to submit a separate application to the Board for Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100.  Accordingly, her request for correction of her father's DD Form 214 to show his entitlement to the Navy Occupation Medal with Europe Clasp is premature.  





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 amending item 24 of his DD Form 214, for the period ending 31 May 1968, to delete the NDSM and KSM, and add the:

* WWII Victory Medal
* BSM
* ARCOM
* NDSM with one bronze service star
* KSM with one silver service star
* ROKWSM
* KDSM
* ROKPUC
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 correcting the FSM's final
DD Form 214 to show the Navy Occupation Medal with Europe Clasp and/or he was awarded or authorized the Purple Heart.  



      _______ _  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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20130012759



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