MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 October 2003                  
	DOCKET NUMBER:   AR2003090179

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry 		Member	
	Ms. Mae M. Bullock		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records

	Exhibit B - Military Personnel Records (including advisory opinion, if any)

APPLICANT REQUESTS:  That she be granted survivor benefits and that her late husband’s, a former service members (FSM), records be corrected to show award of the Purple Heart and Bronze Star Medal.

APPLICANT STATES:  Her husband was only 6 months short of 20 years of service when he died.  She states that she knows of others who were granted additional time in order to have 30 years of service for benefits.  She also states that her husband’s medical condition was misdiagnosed by several military doctors. 

EVIDENCE OF RECORD:  The FSM's military records show:

He entered active duty on 14 August 1947 and served continuously until his death on 6 November 1966.

His records contain his service records under M____, his birth name, and W____, to which his surname was officially changed on 2 March 1949.

A 8 March 1965 DA Form 1041 (Election of Options Under Retired Serviceman’s Family Protection Plan) shows he elected not to have his retirement pay reduced to provide an annuity for his family.  

His DA Form 20 (Enlisted Qualification Record) shows that he was hospitalized at Walter Reed Army Hospital on 23 July 1966 and that he passed away on 6 November 1966.  

His DA Form 20 also shows he was awarded the Army Commendation Medal with Oak Leaf Cluster, the Good Conduct Medal (6th award), the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal with two bronze service stars, the Combat Medical Badge, the Drivers and Mechanics Badge with Wheeled Vehicle Bar, and the Expert Badge with Machine Gun Bar.

A review of the Unit Citation and Campaign Participation Credit Register does not show that he was entitled to any unit awards.

A review of the casualty registry for the Korea War did not list his name as a serviceman receiving a combat wound.  

The available reenlistment and general medical examinations subsequent to his service in Korea do not show him as having received a combat wound.

His DD Form’s 214 (Report of Transfer or Discharge) of 1950, 1956,1962 under item 27 (wounds) state “NONE”.

The Uniformed Services Contingency Option Act of 1953 (COA) provided that a military member could elect to receive a reduced amount of retired pay in order to insure that his survivors (widow and/or children) would receive a portion of his retired pay upon his death in a retired status.  Public Law 381, 87th Congress, enacted 4 October 1961, amended the COA by changing its name to Retired Serviceman's Family Protection Plan (RSFPP).  It also made major changes concerning entitlement both to annuities and to Dependency and Indemnity Compensation payments to families of physical disability retirees but continued to require an election be made by the service member.  

Army Regulation 600-8-1 (Army Casualty Operation/Assistance/Insurance) chapter 6 sets forth policy and prescribes procedures for the Casualty Assistance Program, entitlements and eligible personnel and lists the only monetary benefits payable to a survivor as the death gratuity benefit and/or any unpaid pay or allowances due the deceased.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  There is no evidence to show that the FSM received any combat wounds or that he was recommended for or authorized either the Purple Heart or the Bronze Star Medal.

2.  The FSM’s wife is not entitled to any retirement benefits, as the service member was not retired at the time of his death.  

3.  Further, even if he had retired prior to his death, he had elected not to participate in the survivors annuity program.  There is no evidence to show that he intended to change this option prior to his death.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_AAO___  __HO___  __MMB__  DENY APPLICATION

	Carl W. S. Chun
	Director, Army Board for Correction
	of Military Records

INDEX

CASE ID	AR2003090179	
SUFFIX		
RECON		
DATE BOARDED	20031016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.