IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140016591


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 he was awarded or authorized the Bronze Star Medal, the Purple Heart, the Combat Infantryman Badge, and a change in his date of his induction into the Army of the United States.  

2.  The applicant states, in effect, he was awarded the Combat Infantryman Badge before he left Korea but it is not listed on his DD Form 214.  He also says he earned the Bronze Star Medal for his actions in trying to save a downed aircraft pilot in a minefield.  He further states he was thrown against a vehicle and injured his head in a mortar attack but did not need or receive medical attention.  He also points he was in the Republic of Korea from May 1952 to May 1953.      

3.  The applicant provides the following:

* a self-authored letter, dated 13 September 2014
* his DD Form 214, for the period ending 8 July 1953
* NME (National Military Establishment) Form 62 (Certificate of Acceptability)
* SSS (Selective Service System) Form No. 252 (Order to Report for Induction)




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 applicant’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 applicant’s records were lost or destroyed in that fire.  The records available to the ABCMR were provided by the applicant.  The only record available to this Board is the applicant's DD Form 214.  

3.  The applicant was inducted into the Army of the United States and entered active duty on 1 October 1951.  He held military occupational specialty (MOS) 1602 (Antiaircraft Artillery Automatic Weapons Chief) and attained the rank/grade of corporal/E-4.   

4.  He was honorably discharged on 8 July 1953.  His DD Form 214 shows in: 

     a.  Item 24 (Total Net Service Completed for Pay Purposes), he completed    1 year, 9 months, and 8 days of total service.

     b.  Item 26 (Foreign and/or Sea Service), he completed 1 year, 0 months, and 3 days of foreign service.

     c.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.  It does not show he was awarded the Bronze Star Medal, the Purple Heart, or the Combat Infantryman Badge.

     d.  Item 28 (Most Significant Duty Assignment), his most significant duty assignment was with B Battery, 15th Anti-Aircraft Artillery (AAA) Automatic Weapons (AW) Battalion, Self-Propelled (SP), APO 971 [Korea].
	e.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), he did not have any recorded wounds.

5.  There is no evidence in his available military records that indicates he was treated for a combat-related wound or awarded the Purple Heart for wounds received in Korea.  His record is also void of orders or any other evidence that indicates he was awarded, or recommended for, the Bronze Star Medal and/or the Combat Infantryman Badge.  

6.  The applicant's name does not appear in the Korean War Casualty File as being wounded in action.

7.  He provides a personal letter that states, in effect, the following:

     a.  He was awarded the Combat Infantryman Badge before he left Korea and has it in his possession.  He states he was under constant fire from the time of his amphibious landing north of Inchon until he departed Korea.  

     b.  He was told by his sergeant that he would get the Bronze Star Medal for his actions in trying to save a downed pilot when he ran across a minefield.

     c.  He believes he should get the Purple Heart because he and one of his fellow Soldiers were blown against a vehicle in a mortar attack.  This caused his head to strike the side of the vehicle which caused a large indenture in his skull.  He was told that because it was not bleeding he would not be eligible for the Purple Heart.

8.  He also provides an NME Form 62 and an SSS Form 252 that show he was found acceptable for induction into the Armed Services and an order to report to an induction station for determination of acceptance into the Armed Services.  

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

     a.  The Bronze Star Medal is awarded in time of war for heroism and for 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

     b.  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.

     c.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Bronze Star Medal, the Purple Heart, and the Combat Infantryman Badge, and a change in the date of his induction into the Army of the United States, was carefully considered.  

2.  There is no evidence in his available records and he did not provide any substantiating evidence that shows he was recommended for and/or awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to award him the Bronze Star Medal.

3.  While the available evidence is insufficient for awarding him the Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  To be awarded the Purple Heart, substantiating evidence must be presented to show that he was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

5.  The evidence he provides is a personal account of a mortar attack, in which he was blown against a vehicle causing a head injury.  Unfortunately, without other corroborating evidence, the provided evidence by itself is insufficient as a basis to grant him the Purple Heart.     

6.  His honorable service in Korea is not in question.  However, there are three requirements for award of the Combat Infantryman Badge.  He must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  

7.  He did not hold an infantry MOS and was not assigned to an infantry unit during his service in the Republic of Korea; therefore, there is an insufficient basis to award him the Combat Infantryman Badge.  Absent official orders, there is an insufficient basis to correct his DD Form 214 to show he was 
previously-awarded the CIB.

8.  He contends his induction date of 1 October 1951 on his DD Form 214 is incorrect and should be 5 April 1951, as shown on the SSS Form 252.  The    SSS Form 252 is an order notifying him to report on 5 April 1951 to the Greyhound Bus Station to be transported to an induction station to be examined. It also states that if accepted for training and service, he would then be inducted into a branch of the armed forces.  Upon official acceptance he would have received U.S. Army Permanent Orders for induction with an effective date.  Therefore, the provided SSS Form 252 by itself is insufficient to show his induction date is incorrectly represented on his DD Form 214, and there is no basis to change the induction date shown on his DD Form 214.  

9.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him 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)                                         AR20140013973



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ABCMR Record of Proceedings (cont)                                         AR20140016591



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