BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150015883 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150015883 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: a. adding to the FSM's DD From 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 11 February 1966 to 22 December 1970 the Korea Defense Service Medal; b. adding to the FSM's DD Form 214 for the period 23 December 1970 to 22 June 1972 the Army Commendation Medal. 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 adding to the FSM's DD Form 214 the Purple Heart or amending the FSM's DD Form 214 to show service in Korea and Germany. ______________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. BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150015883 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 widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 June 1972 to show two awards of the Purple Heart and to show his service in Korea and Germany. 2. The applicant states the FSM mentioned on several occasions that he had received two Purple Hearts for separate gunshot wounds received in the Korean War but such entries are not shown on his last DD Form 214. Additionally, his overseas service does not show his service in Korea and Germany. She suspects his 40 percent disability rating may have been related to those wounds (to the hand and hip), but she does not know for sure. She is hoping that orders can be found in the archives and that a corrected DD Form 214 can be issued. 3. The applicant provides the FSM's DD Form 214 for the period ending 22 June 1972 and a DD Form 215 (Correction to DD Form 214) dated 3 March 1973. 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, after serving in the U.S. Navy and U.S. Marine Corps, enlisted in the Regular Army on 29 April 1952. 3. Item 31 (Foreign Service) of the FSM's DA Form 20 (Enlisted Qualification Record) shows he served in Japan from 18 July 1953 to 26 March 1954. 4. The FSM reenlisted on 21 April 1954. A DD Form 214 for his service from 29 April 1952 to 20 April 1954 was not located in his records. 5. Item 31 of the FSM's DA Form 20 shows he served in Germany from 15 June 1954 to 15 May 1957. 6. The FSM reenlisted on 11 February 1960. He was issued a DD Form 214 for the period 21 April 1954 to 10 February 1960. Item 24c (Foreign and/or Sea Service) shows his total foreign and/or sea service during this period; however item 24c does not specify the country where the foreign service was performed. This DD Form 214 does not show the FSM was awarded the Purple Heart. 7. Item 31 of the FSM's DA Form 20 shows he served in Germany from 26 July 1962 to 26 May 1965. 8. The FSM reenlisted on 11 February 1966. He was issued a DD Form 214 for the period 11 February 1960 to 10 February 1966. Item 24c shows his total foreign service during the period covered by the DD Form 214 and includes the entry "USAREUR" (U.S. Army Europe). This DD Form 214 does not show the FSM was awarded the Purple Heart. 9. Item 31 of the FSM's DA Form 20 shows he served in Korea from 29 August 1966 to 28 September 1967 and he began a tour of duty in Okinawa on 5 December 1968. 10. The FSM reenlisted on 23 December 1970. He was issued a DD Form 214 for the period 11 February 1966 to 22 December 1970. Item 22c (Foreign and/or Sea Service) shows his total foreign service during the period covered by the DD Form 214 and includes the entry "USARYIS" (U.S. Army Ryukyu Islands). The DD Form 214 also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that during this period of service he was awarded or authorized the National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, and the Army Good Conduct Medal (4th Award). This DD Form 214 does not show the Purple Heart in item 24. 11. Item 31 of the FSM's DA Form 20 shows his tour of duty in Okinawa ended on 9 June 1971. 12. The FSM was retired due to permanent physical disability on 22 June 1972. He was issued a DD Form 214 for the period 23 December 1970 to 22 June 1972, which shows his total amount of foreign service during this period in item 22c. Item 22c also shows the entry "Okinawa." The DD Form 214 also shows in item 24 the National Defense Service Medal (2nd Award) and the Army Good Conduct Medal (6th Award). This DD Form 214 does not show the Purple Heart in item 24. 13. General Orders Number 142, dated 27 June 1972, issued by Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX, awarded him the Army Commendation Medal for meritorious service during the period 22 June 1971 to 31 March 1972. This award is not shown on his DD Form 214 for the period 23 December 1970 to 22 June 1972. 14. There is no evidence in the FSM's records that show he was wounded as a result of hostile actions. Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not include the Purple Heart. 15. His name is not listed on the Korean War casualty roster. 16. The applicant provided a DD Form 215 dated 3 March 1973, which corrected the FSM's DD Form 214 for the period ending 22 June 1972 to show the correct length of his active duty service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a. 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. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 2. Special Regulation 615-360-1 (Separation of Enlisted Personnel), dated 24 June 1953, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. The regulation provided that in item 26 (Foreign and/or Sea Service) of the DD Form 214, enter total service outside continental limits of the United States during current term of service in years, months and days. The regulation did not require the recording of the country and/or geographical area where the service was performed. 3. Army Regulation 635-5 (Personnel Separations-Separation Forms), dated 11 January 1960, prescribed forms to be used in the separation of Army personnel. The regulation provided that in item 24c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214. The regulation did not require the recording of the country and/or geographical area where the service was performed. 4. Army Regulation 635-5, dated 13 August 1963, modified the previous version of the regulation by, among other changes, requiring the recording of the last oversea theater where the foreign service was performed, e.g. USAREUR. The regulation also provided that in item 26 (item 24 in the FSM's DD Form 214 for the period 11 February 66 to 22 December 1970), enter decorations, etc., awarded or authorized during the period covered by the DD Form 214. DISCUSSION: 1. The applicant contends the FSM's DD Form 214 for the period ending 22 June 1972 should be corrected to show two awards of the Purple Heart and to show the FSM's foreign service in Germany and Korea. 2. The FSM's DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in the FSM's military records that indicates he was treated for a combat-related wound. The FSM's name is not listed on the Korean War casualty roster. The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and the injury required treatment by medical personnel. There is no such evidence in his military records. 3. The evidence shows the FSM served in Germany from 15 June 1954 to 15 May 1967. He was issued a DD Form 214 covering the period 21 April 1954 to 10 February 1960, which reflects the length of his foreign service but does not identify the location of the foreign service as this was not a requirement at the time. 4. The evidence also shows the FSM served in Germany from 26 July 1962 to 26 May 1965. He was issued a DD Form 214 for the period 11 February 1960 to 10 February 1966, which recorded the length of his foreign service during this period and the theater where the service was performed (USAREUR), as required by the regulation in effect at the time. 5. The evidence further shows the FSM served in Korea from 29 August 1966 to 28 September 1967 and in in Okinawa from 5 December 1968 to 9 June 1971. His DD Form 214 for the period ending 22 December 1970 shows the length of his foreign service during the period covered by the DD Form 214 and the last theater where the foreign service was performed, in this case, USARYIS. His DD Form 214 for the period ending 22 June 1972 also recorded the length of his foreign and service and includes the location of the last oversea area where the foreign service was performed (Okinawa). 6. Based on the foregoing, it appears that the FSM's DD Forms 214 are correct as currently constituted in regard to the recording of his foreign service and the location of such service. 7. Although not specifically requested, the FSM's service in Korea from 29 August 1966 to 28 September 1967 qualifies for the Korea Defense Service Medal. This award is not shown on his DD Form 214 for the period 11 February 1966 to 22 December 1970. 8. The FSM was awarded the Army Commendation Medal for meritorious service during the period 22 June 1971 to 31 March 1972. This award is not shown on his DD Form 214 for the period 23 December 1970 to 22 June 1972. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015883 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015883 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2