BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130020518 


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 award of the Purple Heart.  

2.  The applicant states item 29 (Wounds Received as a Result of Action with Enemy Forces) of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) and a National Archives and Records Administration (NARA) Korean War Casualty File extract show the FSM was wounded in action on 4 February 1951.

3.  The applicant provides:

* DD Form 214 
* NARA Korean War Casualty File extract
* State of California Certificate of Birth
* two social security cards

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 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.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214 and NARA Korean War Casualty File extract.

3.  The FSM's DD Form 214 shows:

* he enlisted in the Regular Army on 30 September 1949
* on 11 October 1952, he was honorably discharged
* he served 3 years and 12 days of creditable active service with no days lost
* he served 9 months and 20 days overseas
* he was assigned to the 5th Infantry Regiment
* he received wounds as a result of action with enemy forces on 4 February 1951 
* his awards are:

* Korean Service Medal with 4 bronze service stars
* Combat Infantryman Badge

* he was discharged in the rank of corporal (permanent)

4.  There are no orders in the FSM's records that show he was awarded the Purple Heart.  However, the FSM's name is listed on the NARA Korean War Casualty File extract for receiving wounds in action on 4 February 1951.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Purple Heart, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

	a.  The Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined;
	
	c.  The United Nations Service Medal period of eligibility was between
27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal; and

   d.  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.
   
6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea.  This document shows that, at the time of the FSM’s assignment to the 5th Infantry Regiment, it was cited for award of the Republic of Korea Presidential Unit Citation during the period 31 July 1950 through 27 July 
1953 based on Department of the Army General Orders (DAGO) 49, dated 1954. 

7.  Army Regulation 600-65, 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.  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 (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  



DISCUSSION AND CONCLUSIONS:

1.  The available evidence, specifically the FSM's DD Form 214, shows the FSM sustained wounds as a result of hostile action on 4 February 1951.  He is entitled to award of the Purple Heart.  

2.  The FSM met the eligibility criteria for award of the National Defense Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal. The FSM’s DD Form 214 should be amended to add these awards.

3.  He served in a unit during a period which the unit was cited for the Republic of Korea Presidential Unit Citation.  The FSM's DD Form 214 should be amended to add this award.

4.  There is no evidence of the FSM's conduct and efficiency ratings in the applicant's limited records.  However, the FSM served a total of 3 years and 
12 days, of which 9 months and 20 days was foreign service in Korea.  He had no lost time and he was advanced to corporal.  It appears the FSM qualified for award of the Army Good Conduct Medal (1st Award) for the period 30 September 1949 through 29 September 1952.

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
	
	a.  awarding the FSM the:

* Purple Heart for injuries received in action on 4 February 1951
* Army Good Conduct Medal (1st Award) for the period 30 September 
	1949 through 29 September 1952

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation



      _______ _  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)                                         AR20130020518



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ABCMR Record of Proceedings (cont)                                         AR20130020518



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