IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130016525
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 reconsideration of the Board's denial of his previous request that his general discharge be upgraded to an honorable discharge.
2. The applicant states he is asking for reconsideration based on his service in Korea as a paratrooper and his receiving a Purple Heart on 5 October 1953 for wounds received in combat in Korea while serving with the 187th Regimental Combat Team (RCT) at Pork Chop Hill.
3. The applicant provides an unofficial Purple Heart Certificate.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130002302, on 27 August 2013.
2. The facsimile of a Purple Heart Certificate provided by the applicant is new evidence, which requires that the Board reconsider his request.
3. The applicant'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 the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
4. On 6 May 1952, he was inducted into the Army of the United States. He completed his training and was transferred to Korea where he served with the 223rd Infantry Regiment.
5. The facts and circumstances surrounding his discharge are not present in the available records. However, his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded the Combat Infantryman Badge on 18 July 1953 (fighting ended on 27 July 1953). He had served 3 months and 21 days of foreign service when he was returned to the United States. His DD Form 214 shows he received no wounds as a result of action with enemy forces and does not show the Purple Heart.
6. His DD Form 214, which was signed by an officer and the applicant, shows he was released from active duty under honorable conditions on 4 September 1954 due to hardship under the provisions of Army Regulation 615-362 (Enlisted Personnel - Discharge - Minority and Dependency or Hardship). He was serving in the rank of private/E-1. He had served 1 year, 6 months, and 19 days of active service and had 190 days of time lost.
7. His name is not listed on the Korea casualty list.
8. He provides an unofficial Purple Heart Certificate stating he was awarded the Purple Heart for wounds received on an unknown date. The origin of this certificate is unknown.
9. Army Regulation 615-362, in effect at the time, served as the authority for the separation of enlisted personnel for minority, dependency or hardship. It provided, in pertinent part, that individuals would be separated with an honorable or general discharge as deemed appropriate based on the individuals record of service at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he received a Purple Heart for being wounded in action against hostile enemy forces in Korea. However, his DD Form 214 does not support receipt of a Purple Heart or that he served in the 187th RCT. His name is not listed on the Korea casualty list. Moreover, even if his record did show he received a Purple Heart, it would not be sufficiently mitigating to warrant changing the characterization of his service.
2. In the absence of evidence to the contrary, it must be presumed that his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.
3. He had 190 days of time lost. Therefore, the type of discharge directed were appropriate considering all of the available facts of the case.
4. In view of the foregoing, there is no basis for upgrading his discharge to an honorable discharge.
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 to amend the decision of the ABCMR set forth in Docket Number AR20130002302, dated 27 August 2013.
_______ _ _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) AR20130016525
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ABCMR Record of Proceedings (cont) AR20130016525
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