BOARD DATE: 1 May 2012 DOCKET NUMBER: AR20110021761 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 award of the Purple Heart for his father, a former service member (FSM), who was killed in action in Korea and that it be added to his DD Form 214 (determined to be the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) submitted with his application). 2. The applicant states his father was a member of the 65th Infantry Regiment and was killed in action. The National Archives data base shows his father was killed in action but the DD Form 214 he has does not indicate that he was awarded the Purple Heart. 3. The applicant provides: * his father's WD AGO Form 53-55 with a date of separation date of 20 November 1945 * a printout from U.S. National Archives & Records Administration (NARA) 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 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 that the FSM’s records were lost or destroyed in that fire. The only records available to this Board is the FSM's WD AGO Form 53-55 and limited files provided by the National Personnel Records Center, St. Louis, MO and are sufficient for the Board to conduct a fair and impartial review of this case. 3. The WD AGO Form 53-55 shows the FSM enlisted in the Regular Army (RA) on 27 June 1940. He had 18 years prior service in the RA. He was honorably discharged on 20 November 1945 to reenlist in the RA. His grade is shown as staff sergeant. 4. The WD AGO Form 53-55 does not show he was awarded the Purple Heart. 5. A letter, dated 5 May 1952, from the Office of the Quartermaster General, Washington DC, states the FSM served as a staff sergeant with the 65th Infantry Regiment, 3rd Infantry Division. 6. The Korean Conflict Casualty File, maintained by NARA, lists the FSM as killed by hostile action in Korea on 17 October 1950. 7. The Awards Branch at Human Resources Command indicates no orders were issued posthumously awarding the FSM the Purple Heart. 8. The Purple Heart is awarded in the name of the President of the United States and per Title 10, U.S. Code. section 1131, effective 19 May 1998, is limited to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed: * in any action against an enemy of the United States * as the result of an act of any such enemy of opposing Armed Forces * as the result of an act of any hostile foreign force DISCUSSION AND CONCLUSIONS: 1. NPRC records show the FSM served as a staff sergeant with the 65th Infantry Regiment, 3rd Infantry Division. 2. NARA records show the FSM was killed in action on 17 October 1950 in Korea. HRC indicates no orders for the award of the Purple Heart were issued. Therefore, it is appropriate to posthumously award the FSM the Purple Heart effective 17 October 1950. 3. The period of service shown on the FSM's WD AGO 53-55 ends on 20 November 1945. Therefore, it is not appropriate to include the Purple Heart on this form. A DD Form 214 is not issued for members who die while on active duty. Therefore, in this case, the orders and certificate are the only means of documenting the award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __x___ __x______ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 posthumously awarding the FSM the Purple Heart, effective 17 October 1950, while serving as a staff sergeant with the 65th Infantry Regiment, 3rd Infantry Division. 2. The Board further determined that 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 adding the award to a DD Form 214 or the FSM’s WD AGO Form 53-55. _______ _ 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) AR20110021761 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021761 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1