IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004269 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 the DD Form 214 (Report of Separation From the Armed Forces of the United States) of her deceased spouse, a former service member (FSM), to show that he was awarded the Purple Heart (PH). 2. The applicant states the FSM was awarded the PH on 13 September 1951 from the Osaka Army Hospital and it should be listed on his DD Form 214. 3. She provides: * DD Form 214 * General Orders (GO) Number 322 dated 13 September 1951 * Transmittal of GO Number 32 dated 8 December 1951 * State of Colorado Certificate of Death 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 ABCMR 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. This case is being considered using the documents provided by the applicant. 3. The FSM’s DD Form 214 shows he was inducted in the Army of the United States on 13 December 1950. He served as an infantryman. 4. WD AGO Form 24A (Service Record), Section 6 (Original Assignment and Organization to Which Subsequently Assigned During This Period of Service) shows the FSM was assigned to Company G, 38th Infantry in Korea on 1 September 1951. 5. WD AGO Form 24A, Section 8 (Wounds Received Through Enemy Action) shows the FSM was wounded on 10 September 1951 in Korea. 6. FEC AGO Form 241 (Casualty Report) item 20 (Remarks) shows – “Wound, missile, shell fragment, penetrating, eye, left, severe, no artery or nerve involvement, incurred 0815, 10 September 1951 near Pongdong Korea, WIA by enemy mortar fragments.” 7. The FSM was transferred to the Osaka Army Hospital in Japan and later to Letterman Army Hospital, San Francisco, CA, where he was honorably discharged on 31 December 1951. His DD Form 214 further shows in: * item 24 (Total Net Service Completed for Pay Purposes) – 1 year and 18 days * item 26 (Foreign and/or Sea Service) – 1 month and 17 days * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Korean Service Medal with one bronze service star * item 29 (Wounds Received as a result of Action with Enemy Forces) – “Korea 10 September 1951” 8. General Orders Number 322 issued by Headquarters, Osaka Army Hospital, dated 13 September 1951 show he was awarded the PH for wounds received as a result of enemy action in Korea. 9. The FSM’s records show that he is entitled to additional awards which the applicant did not request and which are not listed on the FSM’s DD Form 214. 10. His records do not show indiscipline, time lost, or any adverse information. There is also no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal (AGCM). 11. Army Regulation 600-8-22 (Military Awards) states: a. The PH 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. b. There are basically three requirements for award of the CIB. 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. c. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. d. The United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to the Republic of Korea (ROK) (or adjacent areas) on behalf of the United Nations, during the period between 27 June 1950 and 27 July 1954. Personnel awarded the KSM automatically establish eligibility for the UNSM. e. The ROK War Service Medal 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 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. 12. Army Regulation 672-5-1 (Awards), in effect at the time, stated AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION AND CONCLUSIONS: 1. The FSM’s DD Form 214 shows he was wounded in action on 10 September 1951. 2. General Orders Number 322 shows the FSM was awarded the PH. This document is a sufficient basis upon which to correct his DD Form 214 to show this award. 3. He was wounded in action while serving as an infantryman in an infantry unit. The available evidence indicates he met the criteria for award of the CIB. 4. The evidence of record also shows he met the criteria for the NDSM, UNSM and the ROK War Service Medal. 5. The applicant's records do not show indiscipline or time lost throughout his military service and he served 1 year and 18 days active duty service. The evidence supports his eligibility for award of the AGCM (1st Award). 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. awarding the FSM the AGCM (1st Award) for the period 13 December 1950 to 31 December 1951 and the CIB effective 10 September 1951; and b. adding the following awards to the FSM’s DD Form 214: * PH * ROK War Service Medal * NDSM * UNSM * CIB * AGCM (1st Award) ____________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) AR20130022289 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004269 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1