IN THE CASE OF:	  

		BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130017871 


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 the records of her late husband, a former service member (FSM), to show award of the Purple Heart and Bronze Star Medal.

2.  The applicant states that she has requested this correction since 2009 with no reply.

3.  The applicant provides copies of the FSM's death certificate and a Standard Form (SF) 180 (Request Pertaining to Military Records).

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 to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's available record contains the following:

   a.  Special Orders (SO) Number 167, dated 18 July 1951, which show the FSM was inducted into the Army of the United States (AUS) on this date.  

   b.  SO Number 80, dated 17 April 1953, which show the FSM was released from active duty, in the rank of sergeant (SGT), on 25 April 1953, and was transferred to the Enlisted Reserve Corps.

   c.  A Certification of Military Service, dated 24 January 1997, which shows the FSM was a member of the AUS from 18 July 1951 through 25 April 1953.  He was honorably released from active duty in the rank of SGT.

   d.  A letter to a Member of Congress, dated 26 December 1984, wherein the Director, Personnel Services, advised that general orders must be published announcing the award of decorations such as the Bronze Star Medal.  A review of the FSM's reconstructed record failed to identify such an order.  If he had a copy of an order authorizing the award, he should furnish it to the Commander, U.S. Army Reserve Components, Personnel and Administration Center, St. Louis, MO, and his request would be reconsidered.

   e.  A DA Form 1577 (Authorization for Issuance of Awards), dated 2 August 2002, which advised the FSM of his authorization of the Army Good Conduct Medal and National Defense Service Medal.

   f.  A letter, dated 1 April 2003, wherein the Chief, Military Awards Branch, U.S. Total Army Personnel Command (currently the U.S. Army Human Resources Command), advised the FSM that they had conducted an extensive review of the available records for the 27th Infantry Regiment and 25th Infantry Division.  Regrettably, they had been unable to find any records of his wounds or having been treated by medical personnel in the field during or after the battle for Hill 1062, northwest of Kumwha.  In addition, no official documentation had been located to show that he was awarded the Bronze Star Medal.  Should he feel that the decision was unfair or unjust he had the right to appeal to the ABCMR.

4.  The FSM died on 4 April 2006.
5.  The available evidence contains three letters, dated 4 September 2006,
7 February 2007, and 19 July 2007, wherein the NPRC advised the applicant that the record needed to answer her inquiry was not in their files as a fire destroyed the major portion of records of Army military personnel for the period 1912 through 1959.  Fortunately, there were alternate record course that often contained information which could be used to reconstruct service record data lost in the fire.  Each letter provided a Certification of Military Service to her.  The letter, dated 4 September 2006, also advised her of the FSM's entitlement to the National Defense Service Medal.

6.  There is no evidence in the available records authorizing or awarding the FSM the Purple Heart and Bronze Star Medal.

7.  The applicant provided a copy of an SF 180 wherein she requested a micro-fiche copy of the FSM's records.

8.  The Korean War Casualty list does not list his name.

9.  Army Regulation 600-8-22 (Military Award) states:

   a.  The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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. 

   b.  The Purple Heart is awarded for a wound sustained as a result of enemy 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.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2.  There is no available evidence of record and the applicant provided none showing the FSM was wounded or sustained injuries as a result of enemy action for award of the Purple Heart.  Without evidence, there is no basis to support her request for award of the Purple Heart to her late husband.

3.  With respect to the Bronze Star Medal, the applicant has provided no orders showing the FSM was awarded the Bronze Star Medal.  Also, there was no evidence found in his reconstructed record to support the addition of this award to the FSM's records.

4.  In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20130017871



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ABCMR Record of Proceedings (cont)                                         AR20130017871



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