IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140003830 


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 son of a deceased former service member (FSM), requests award of the Purple Heart and addition of this award to the FSM's 
DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states his father's DD Form 214 and a Western Union telegram indicate he was injured on 21 June 1952 in Korea but there is no evidence the Purple Heart was issued.

3.  The applicant provides:

* his (the applicant's) birth certificate
* the FSM's death certificate
* a Western Union telegram
* the FSM's DD Form 214

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 NPRC in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, the applicant did provide the FSM's DD Form 214 and a Western Union Telegram, which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The FSM's DD Form 214 shows he was inducted into the Army of the United States on 8 January 1951 and he served in military occupational specialty 1745 (Light Weapons Infantryman):

* the highest rank he attained while serving on active duty was sergeant on 
		1 July 1952  
* he was honorably released from active duty on 8 October 1952 after serving 1 year, 
		9 months, and 1 day of total net service
* he had 1 year, 3 months, and 20 days of foreign service
* he was awarded the Army of Occupation Medal with Japan Clasp, Korean Service Medal with 1 bronze campaign star, United Nations Service Medal, and Combat Infantryman Badge
* his most significant duty assignment was with Company F, 179th Infantry
* he received wounds as a result of action with enemy forces in Chorwon, North Korea on 21 June 1952
* he had no lost time under section 6(a), appendix 2b, Manual for Court-Martial, dated 1951

4.  A Western Union telegram, dated 26 June 1952, shows the Secretary of the Army expressed his regret to the FSM's parents that their son was injured in action in Korea on 21 June 1952.  It also shows he was assigned to a hospital.

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

   a.  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.  
   b.  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.

	c.  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.

	d.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during the applicant’s assignment with the 179th Infantry Regiment, his unit was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 30-54.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's DD Form 214 and a Western Union telegram show he was wounded in action on 21 June 1952.  The Western Union telegram also indicates he was assigned to a hospital indicating he received treatment for his wounds and that it was made a matter of record.  As such, the FSM should be awarded the Purple Heart for wounds received on 21 June 1952 and this award should be added to his DD Form 214. 

2.  He was released from active duty on 8 October 1952 after serving 1 year, 9 months, and 1 day of honorable service.  He also attained the rank of sergeant.  It appears it would serve the interest of justice to award him the Army Good Conduct Medal and to add this award to his DD Form 214. 

3.  His honorable active service between 27 July 1950 and 27 July 1954 entitles him to award of the National Defense Service Medal and addition of this award to his DD Form 214. 

4.  The FSM's service in Korea between 25 June 1950 and 27 July 1953 entitles him to award of the Republic of Korea War Service Medal and to add this award to his DD Form 214. 

5.  His unit the Republic of Korea Presidential Unit Citation during his period of service in Korea and it should be added to his DD Form 214.

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 him the Purple Heart for wounds received in action on 21 June 1952;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
8 January 1951 to 8 October 1952; and 

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense 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)                                         AR20140003830



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003830



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1