BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150000613 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show:

* his rank/grade as master sergeant (MSG)/E-7 vice sergeant first class (SFC)/E-6
* a fourth award of the Purple Heart vice the Purple Heart (3rd Award)

2.  The applicant states, in effect:

	a.  First Sergeant (1SG) P____ recommended the applicant’s promotion to MSG/E-7 in October 1951.  Captain (CPT) S___, the Company Commander, Company G, 19th Infantry Regiment, 24th Infantry Division, Korea, approved (i.e. recommended approval of) the promotion and it was sent to Headquarters (HQ), 19th Infantry Regiment.  He (the applicant) returned to the United States before the promotion caught up with him. 

	b.  He has provided a portion of a personnel roster (1 page) of personnel assigned to the 19th Infantry Regiment in Korea in 1951.  This page shows he was wounded in action (WIA) on four separate dates but he never received the Purple Heart for wounds received in action on 3 July 1951. 

3.  The applicant provides a page listing names/rank/status of Soldiers in 1950 and 1951.


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 complete 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 the applicant's records were lost or destroyed in that fire.  However, his reconstructed record contains his DD Form 214 and sufficient documents for the Board to conduct a fair and impartial review of his case.

3.  The applicant's DD Form 214 is only partially legible.  However, it shows he enlisted in the Regular Army on 19 October 1948 and he was honorably discharged on 7 May 1952 in the rank of SFC.  His last unit of assignment was Company G, 2nd Battalion, 19th Infantry Regiment, 24th Infantry Division (ID), Korea.  He served in Korea from 18 March to 7 December 1951.

4. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he was WIA on 27 June 1951, 15 October 1951, and 20 October 1951.  

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

* Silver Star
* Korean Service Medal with 2 bronze service stars
* Army of Occupation Medal with Japan Clasp
* Combat Infantryman Badge

6.  As a result of his previous request to the ABCMR for correction of his DD Form 214 to show he was awarded three Purple Hearts for being WIA on 27 June 1951, 15 October 1951, and 20 October 1951, a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) was issued on 29 January 2008, wherein it deleted the Korean Service Medal with 2 bronze service stars and added the:
* Purple Heart (3rd Award)
* Army Good Conduct Medal (1st Award)
* Korean Service Medal with 4 bronze service stars
* United Nations Service Medal
* Republic of Korea Korean War Service Medal
* National Defense Service Medal
* Silver Star (2nd Award)

7.  His reconstructed record contains General Orders (GO) Number 27, dated 13 January 1952, issued by HQ, 24th ID, Korea, awarding him the Silver Star for distinguishing himself by courageous action in Korea on 15 October 1951.  These orders show at the time the GO were published he held the rank of SFC/E-6.  However, on 15 October 1951 at time of this action he held the rank of sergeant (SGT)/E-5.

8.  The Korean casualty file shows the applicant was WIA on 27 June 1951, 15 October 1951, and 20 October 1951.  

9.  There is no evidence in his reconstructed record that shows he was promoted to the rank of MSG during his active duty service.  

10.  The applicant provides a roster, undated, wherein his name is listed six times and appears to indicate he was WIA on 27 June 1951, 3 July 1951, 15 October 1951, and 20 October 1951.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant held the rank/grade of SGT/E-5 in October 1951 and he was subsequently promoted to SFC/E-6.  Although he may have been recommended for promotion to MSG/E-7 in October 1951, it appears the recommendation was only approved for promotion to SFC/E-6.  In the absence of orders, there is an insufficient evidentiary basis for correcting his 
DD Form 214 to show his rank as MSG/E-7. 


2.  With respect to the fourth award of the Purple Heart, the criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action.  While the applicant's DD Form 214 and the Korean casualty file both show he was wounded in action on three occasions, neither his DD Form 214 nor the Korean casualty file show he was wounded in action on 3 July 1951.  Notwithstanding his sincerity, while he provides a roster that appears to show he was also wounded in action on 3 July 1951, the source of this roster is not known nor is it known if this roster was an accurate listing.  Regrettably, in the absence of conclusive evidence that shows he was WIA on four different occasions there is an insufficient evidentiary basis for granting the requested relief. 

3.  Nevertheless, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant an 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)                                         AR20150000613



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ABCMR Record of Proceedings (cont)                                         AR20150000613



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