IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140010068 


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 Silver Star, Bronze Star Medal (BSM) with "V" Device, and Purple Heart.

2.  The applicant states:

	a.  He was awarded the Silver Star in the field in September/October 1950 by General Walker while serving with Company K, 21st Regiment, 24th Infantry Division.

	b.  He received the citation for the BSM 1 year later in the mail.

	c.  He was wounded in action in Korea on or about July 1950.

3.  The applicant provides:

* DD Form 214
* Honorable Discharge Certificate
* newspaper article and letter pertaining to the BSM with "V" Device
* photograph of a Soldier in uniform
* BSM Certificate
* letter from Department of Military and Veterans Affairs, dated 9 January 2014
* photograph of himself receiving medals in December 2013

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.  Having prior service in the Regular Army, the applicant enlisted in the Enlisted Reserve Corps (ERC) on 11 December 1947 for 3 years.  He was ordered to active duty on 13 November 1950 and he served as an infantryman in Korea from 14 February 1951 to 19 October 1951.

3.  Records show he underwent a separation physical examination on 21 November 1951 which makes no mention of any injuries or wounds sustained as a result of hostile action in Korea.  Item 73 (Notes and Significant or Interval History) of his Standard Form 88 (Report of Medical Examination), dated 21 November 1951, states "No army hospitalization" and "No complaints of a medical nature at time of this examination."

4.  On 21 November 1951, he was released from active duty to the ERC.

5.  His DD Form 214 shows he was awarded or authorized the:

* Combat Infantryman Badge
* Korean Service Medal with two bronze service stars
* Army Good Conduct Medal

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

7.  There are no orders for the BSM with "V" Device in the available records.  However, an AGO Form 01184 (Decorations Certificate Data Sheet), dated 3 April 1952, shows he was awarded the BSM with "V" Device for heroism in Korea on 14 July 1951 by Headquarters, 24th Infantry Division, General Orders Number 696, dated 15 October 1951.

8.  There are no orders for the Silver Star or Purple Heart in the available records.

9.  Section 8 (Wounds Received through Enemy Action) of his Service Record is blank.

10.  Section 21 (Medals, Decorations, and Citations) of his Service Record does not show authorization for the Silver Star or Purple Heart.

11.  His name does not appear on the Korean casualty roster.

12.  In support of his request for award of the Silver Star, he provided a letter from the Department of Military and Veterans Affairs, dated 9 January 2014, responding to his request to have his records corrected to show award of the Silver Star.  He also provided a photograph of himself receiving medals in December 2013.

13.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states 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.

15.  Army Regulation 600-8-22 states 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.  

16.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

17.  Army Regulation 600-8-22 states 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he was awarded the Silver Star in the field in September/October 1950 was carefully considered.  However, there are no orders for award of the Silver Star in the applicant's available records.  In the absence of orders, the photograph provided by the applicant alone is not sufficient as a basis for adding this medal to his DD Form 214.

2.  The AGO Form 01184, dated 3 April 1952, which shows he was awarded the BSM with "V" Device for heroism in Korea on 14 July 1951 by Headquarters, 24th Infantry Division, General Orders Number 696, dated 15 October 1951, is accepted as sufficient evidence on which to base adding the BSM with "V" Device to his DD Form 214.

3.  Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards.  The Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

4.  There are no orders for the Purple Heart in the available records.  There is no evidence of record and he provided no evidence that shows he was wounded or injured as a result of hostile action in Korea.  Regrettably, there is insufficient evidence on which to base adding award of the Purple Heart to his DD Form 214.

5.  He served a qualifying period for award of the National Defense Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the BSM with "V" Device, National Defense Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Silver Star or Purple Heart to his DD Form 214.



      ____________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)                                         AR20140010068



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ABCMR Record of Proceedings (cont)                                         AR20140010068



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