IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140017640 


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 correction of his father's military records to reflect a third award of the Purple Heart, the Military Merit Medal, and the Medal of Honor.

2.  The applicant states the FSM earned these awards, but his records do not reflect this.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 3 October 1945
* Headquarters, National Defense Forces, General Orders Number 34, dated 21 January 1948
* WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 2 October 1948
* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 10 July 1950
* Western Union Telegram confirming the FSM was killed in action on 5 September 1950
* Department of the Army Office of the Adjutant General Statement of Death, dated 22 September 1950
* letter from the Secretary of the Army, dated 9 October 1950
* Medal of Honor Certificate, dated 18 March 2014



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 records show he enlisted in the Regular Army on 13 September 1940.

3.  The FSM was honorably discharged on 3 October 1945 for immediate reenlistment.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 with a separation date of 3 October 1945 shows that, among other awards, he was awarded or authorized the Purple Heart with 1st Oak Leaf Cluster.  Item 34 (Wounds Received in Action) shows he received a shrapnel wound to his face on 3 March 1944 on Los Negros Island and a shrapnel wound to his thigh on 24 February 1945 in the Philippine Islands.

4.  The FSM was honorably discharged on 2 October 1948 for immediate reenlistment.  Item 33 of the his WD AGO Form 53 with a separation date of 2 October 1948 shows that, among other awards, he was awarded or authorized the Philippine Military Merit Medal per Headquarters, National Defense Forces, General Orders Number 34, dated 21 January 1948, for outstanding service on 25 February 1945.  The applicant also provided a copy of the general orders awarding this medal to the FSM.

5.  The FSM was honorably discharged on 10 July 1950 for immediate reenlistment.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with a separation date of 10 July 1950 shows he was awarded or authorized the Army of Occupation Medal (Japan).

6.  The FSM's records contain U.S. Army Human Resources Command (HRC) Permanent Order 240-30, dated 27 August 2012, awarding him the Purple Heart with 1st Oak Leaf Cluster for wounds received as a result of hostile action on 5 September 1950.

7.  The applicant provided a copy of the Medal of Honor Certificate showing the FSM was awarded the Medal of Honor on 18 March 2014 for conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty in action with the enemy at Waegwan, Korea, on 4 September 1950.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 2-8 provides that an oak leaf cluster will be awarded to be worn on the Purple Heart medal or ribbon for each subsequent award.

9.  Department of Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time of his discharges for immediate reenlistment on 3 October 1945 and 2 October 1948, prescribed policies and procedures governing preparation of the WD AGO 
Form 53-55 and WD AGO Form 53.  It stated all entries on the Enlisted Record and Report of Separation except items 39 (Prior Service) and 43 (Longevity for Pay Purposes) apply only to the current period of active duty.

10.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of his discharge for immediate reenlistment on 10 July 1950, prescribed policies and procedures governing preparation of the DD Form 214.  It stated a DD Form 214 would not be prepared for Soldiers whose active duty tour ends because of death.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his father's military records to reflect a third award of the Purple Heart, the Philippine Military Merit Medal, and the Medal of Honor was carefully considered and found to have some merit.

2.  The FSM's WD AGO Form 53-55 for the period ending 3 October 1945 clearly shows he was awarded or authorized the Purple Heart with 1st  Oak Leaf Cluster for wounds received in action on two separate occasions, on 3 March 1944 and on 24 February 1945.

3.  HRC subsequently awarded the FSM a Purple Heart on 27 August 2012 for wounds received in action on 5 September 1950.  The permanent order issued by HRC erroneously awarded the FSM the Purple Heart with 1st Oak Leaf Cluster despite this being his third award of the Purple Heart.  Therefore, it would be appropriate to correct this permanent order to reflect award of the Purple Heart with 2nd Oak Leaf Cluster.

4.  The Philippine Military Merit Medal is appropriately annotated on the FSM's WD AGO Form 53 with a separation date of 2 October 1948, which covers the period of service during which the medal was awarded.  Awards and decorations were only annotated on the discharge document covering the period of service in which they were awarded.

5.  The Medal of Honor was posthumously awarded to the FSM on 18 March 2014 and the applicant is in possession of the Medal of Honor Certificate.  In keeping with regulatory guidance, the FSM was not issued a DD Form 214 for his last period of active service on which to annotate award of the Medal of Honor.  The Medal of Honor Certificate constitutes appropriate documentation of this award in the FSM's records.

6.  The FSM's records already appropriately reflect his award of the Philippine Military Merit Medal and the Medal of Honor; therefore, there is no basis for correcting his records to reflect 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 amending HRC Permanent Order 240-30, dated 27 August 2012, to reflect award of the Purple Heart with 2nd Oak Leaf Cluster.

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 correction of the FSM's record to reflect award of the Philippine Military Merit Medal and the Medal of Honor.



      _______ _   _ 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)                                         AR20140017640



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ABCMR Record of Proceedings (cont)                                         AR20140017640



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