IN THE CASE OF:  	  

		BOARD DATE:  4 June 2015	  

		DOCKET NUMBER:  AR20140015907 


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, as the son of the deceased former service member (FSM), requests correction of the FSM's service number (SN) on Headquarters, 2nd Infantry Division General Orders Number 68, dated 28 March 1951 for the Bronze Star Medal (BSM) and the posthumous award of the BSM be added to the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states the company clerk put the wrong SN on the request.

3.  The applicant provides:

* Supplemental letter, dated 11 July 2014
* Certification of Military Service, dated 20 July 2012
* DD Form 214
* General Orders Number 46, dated 22 January 1951, awarding the FSM the Purple Heart
* General Orders Number 68, dated 28 March 1951, awarding him the Bronze Star Medal
* Form W-2 (Withholding Statement - 1949 (Wages Paid and Income Tax Withheld))
* 38th Infantry Regiment, Easy Company, Enlisted Roster, dated 31 January 1951 (129 men)
* Indiana State Department of Health, Certification of Death
* Obituary from the Madison Courier Daily Newspaper, dated 14 January 2009
* State of Indiana Certificate of Birth

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.  After having prior enlisted service, the FSM enlisted in the Regular Army on 25 September 1950 and he was honorably discharged on 10 November 1951.  Headquarters, Camp Carson Special Orders Number 278, dated 10 November 1951 ordering his honorable discharge on 10 November 1951 as ER154xxx xxx."

3.  Item 2 (SN) of the FSM's DD Form 214 shows the entry "ER154 xxx xxx."  His DD Form 214 shows award of the Purple Heart, Army of Occupation Medal (Japan), Combat Infantryman Badge, and Korean Service Medal with one bronze service star.

4.  The applicant provided the following documents:

	a.  Headquarters, Osaka Army Hospital, 8009th Army Unit, General Orders Number 46, dated 22 January 1951, which show the FSM's SN as "ER154 xxx xxx."  These orders show he was assigned to the 38th Infantry Regiment, 2nd Infantry Division.

	b.  Headquarters, 2nd Infantry Division, General Orders Number 68, dated 28 May 1951, Section II, page 8, which shows the FSM's SN was "ER145 xxx xxx."  These orders also show the FSM was awarded the BSM for heroic achievement on 7 January 1951 in the vicinity of Wonju, Korea while assigned to Company E, 38th Infantry Regiment, 2nd Infantry Division.



	c.  The 38th Infantry Regiment, Easy Company, Enlisted Roster, dated 31 January 1951, which shows the FSM's SN as "ER154 xxx xxx."

	d.  Supplemental letter, dated 11 July 2014, the applicant stated:

   (1)  the FSM was born 15 November 1928, entered the U.S. Army on 
13 September 1948, and his SN is "154 xxx xxx."

		(2)  the FSM went to the State of Washington for basic training, to Fort Bragg, NC for advanced individual training, and was released from the U.S. Army in 1950 based on a hardship discharge after the birth of his second son.

		(3)  the U.S. Army returned him to Fort Hood, TX on 25 September 1950 and he was sent to the front lines in Wonju, Korea.

		(4)  the FSM distinguished himself by heroic achievement on 7 January 1951 in the vicinity of Wonju, Korea.  The FSM was recommended for a BSM, which is listed on General Orders Number 68, dated 28 March 1951.  However, the FSM was never awarded his BSM because the company clerk put the wrong SN on the request.  The wrong SN was for a corporal D----- W----, who was assigned to the same company as evidenced by the Enlisted Roster referenced in paragraph 4c. above.

		(5)  the FSM was wounded in Wonju, Korea and his feet were frostbitten.  He was awarded and received the Purple Heart under General Orders Number 46, dated 22 January 1951.  He remained in Japan for several months then he went to Wake Island and finally honorably discharged on 10 November 1951 at Camp Carson, CO.

		(6)  the FSM never received the BSM because of a clerical error and he never knew that he should have received the BSM.  The FSM died on 7 January 2009 and the FSM's other son died on 15 May 2001.

5.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (ROKWSM) 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the company clerk put the wrong SN on the request is acknowledged and determined to have merit.

2.  The evidence of record shows the FSM's SN was incorrectly listed on Headquarters, 2nd Infantry Division, General Orders Number 68, dated 28 May 1951.  The SN currently listed on the orders belongs to another Soldier.  Therefore, it would be appropriate to amend these orders to show his SN as shown on his DD Form 214.

3.  Orders show the FSM received the BSM.  His DD Form 214 should be corrected to show this medal.

4.  The FSM served a period of qualifying service in Korea for award of the ROKWSM and the United Nations Service Medal.  Therefore, these medals 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.  amending Headquarters, 2nd Infantry Division, General Orders Number 68, dated 28 March 1951 to show his SN as shown as listed on his DD Form 214; and 

     b.  adding the BSM, ROKWSM, and United Nations Service Medal 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)                                         AR20140015907





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ABCMR Record of Proceedings (cont)                                         AR20140015907



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