BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130013617 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal, Purple Heart, and Good Conduct Medal as well as his correct rank.

2.  The applicant states, in effect, that:

* he was recommended for the Purple Heart for a gunshot wound he sustained to his left arm on 14 November 1951 while serving in Korea
* he was recommended for the Bronze Star Medal for removing 5 Soldiers from a damaged tank which was under fire, on 18 December 1951
* he was awarded the Good Conduct Medal on 23 January 1952
* the highest grade he held was sergeant first class (SFC/E-7)

3.  The applicant provides a copy of his DD Form 214, a timeline of his military service, and a photocopy of his medal set.

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 applicant's complete 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.  The applicant's records were affected by the fire and many documents in his records were partially burned.  However, there were sufficient legible documents available for the Board to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 19 February 1951.  He served in Korea while assigned to Company A, 73rd Heavy Tank Battalion.

4.  The applicant's available record contains two hospital admission cards created by the Office of the Surgeon General.  These cards show that in January 1952 he was treated for:

* a fracture, compound, comminuted, with no nerve or artery involvement to the fourth metacarpal bone (ring finger) occurred while performing assigned duties and related thereto.  Accidents in connection with use of own instrumentality of war: Explosion of small arms ammunition
* stomach pain, nausea and vomiting

5.  He was honorably released from active duty on 5 December 1952 and transferred to the U.S Army Reserve.  He completed 1 year, 9 months, and 17 days of creditable active service of which 10 months and 12 days were foreign service.

6.  His DD Form 214 in:

* Item 3 (Grade-Rate-Rank and Date of Appointment) shows the entry "PFC (T) [temporary] 4FEB52"
* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Bronze Star Medal, Purple Heart, or Good Conduct Medal

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

8.  His record is void of orders awarding him the Bronze Star Medal, Purple Heart, or Good Conduct Medal or documentation recommending him for these awards.
9.  His name is not shown in the Korean casualty file.

10.  There are no orders promoting the applicant beyond the rank and grade of private first class (PFC/E-3).

11.  The applicant provides a timeline in which he contends that he was recommended for the Purple Heart for a gunshot wound he sustained to his left arm on 14 November 1951.  On 18 December 1951, he removed 5 Soldiers from a damaged tank which was under fire and he was recommended for a Bronze Star Medal for his actions.  He was awarded the Army Good Conduct Medal on 
23 January 1952.  He received new uniforms and the ribbons prior to his release from active duty. 

12.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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

	a.  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. 

	b.  The Purple Heart is awarded to members wounded in action.  In order to award the Purple Heart, there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

14.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

16.  Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Bronze Star Medal, Purple Heart, and Good Conduct Medal as well as correction of his rank to show SFC.

2.  The available records show the applicant suffered an injury to his finger as the result of small arms ammunition.  This incident was recorded as an "accident in connection with use of own instrumentality of war.”  It appears that his injury was the result of an accidental discharge from his weapon and not the result of enemy action.  Further, his name is not listed on the Korea casualty roster.  A wound, in and of itself, is insufficient evidence to award him the Purple Heart.

3.  There is no evidence of record to show the applicant was awarded or recommended for award of the Bronze Star Medal.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his right to pursue his claim for the this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  There are no orders or other evidence showing the applicant was awarded or recommended for award of the Army Good Conduct Medal.  There are no documents to verify that he distinguished himself by conduct, efficiency, and fidelity required for award of the Good Conduct Medal.  Therefore, there is insufficient evidence in which to award him this medal.

5.  Item 3 of the applicant's DD Form 214 shows he was promoted to the temporary rank/pay grade of PFC/E-3 effective 4 February 1952 and his record is void of any orders that promoted him to a higher rank during his period of active duty.  Therefore, there is insufficient evidence on which to have his DD Form 214 corrected to show he was an SFC/E-7.

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)                                         AR20130013617





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ABCMR Record of Proceedings (cont)                                         AR20130013617



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