BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000565 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000565 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amended as follows: a. awarding the FSM the Army Good Conduct Medal (1st Award) for his period of service from 26 October 1950 to 9 October 1952; b. deleting the Korean Service Medal with one bronze service star from the FSM's DD Form 214 for the period ending 9 October 1952; and c. adding to his DD Form 214 the following: * Purple Heart * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Korean Service Medal with two bronze service stars * United Nations Service Medal * Republic of Korea War Service Medal ____________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: 25 May 2017 DOCKET NUMBER: AR20160000565 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 daughter of a deceased former service member (FSM), requests her father's Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. The applicant states a WD AGO Form 0707 (Record of Award of Purple Heart) shows her father was awarded a Purple Heart for wounds received in North Korea, on 26 June 1952. As the Purple Heart was omitted from his DD Form 214, his military headstone is incorrect. 3. The applicant provides copies of: * DD Form 214 * WD AGO Form 0707 * State of New Mexico, Certificate of Death, dated 12 August 2014 * Eleventh Judicial District Court, State of New Mexico, County of McKinley, dated 18 November 2014 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 was inducted into the Army of the United States on 26 October 1950. 3. His WD AGO Form 24A (Service Record) shows he served in Korea from 4 December 1951 to 15 September 1952. The applicant participated in two named campaigns. Item 14 (Remarks) shows his character and efficiency ratings were "Excellent." There are no record of courts-martial, time lost or a commander’s disqualification statement for award of the Army Good Conduct Medal. 4. Headquarters, Mobile Army Surgical Hospital, 8055th Army Unit, APO 301, General Order 44, dated 2 July 1952 (WD AGO Form 0707), shows the applicant was awarded the Purple Heart for wounds received in action in North Korea, on 26 June 1952. 5. The FSM's DD Form 214 shows he was honorably released from active duty on 9 October 1952 in the rank of sergeant first class (temporary). He completed 1 year, 11 months, and 12 days of net service. His DD Form 214 shows in: a. item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * Combat Infantryman Badge * Korea Service Medal with one bronze service * Army of Occupation Medal (Japan) b. item 28 (Most Significant Unit Assignment) the entry "Company C 179th Infantry Regiment." REFERENCES: 1. Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954. b. The United Nations Service Medal period of eligibility was between 27 June 1950 and 27 July 1954. This medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal. c. The Republic of Korea 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 prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. d. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. A bronze service star is authorized for each designated campaign period. 3. DA Pamphlet 672-1 (Unit Citation and Campaign Credit Register) shows the 2nd Korean Winter Campaign period was from 28 November 1951 through 30 April 1952 and the Korean Summer-Fall 1952 was from 1 May through 30 November 1952. DISCUSSION: 1. The FSM's records show he was wounded in action in North Korea on 26 June 1952. Furthermore, General Order 44, shows the FSM was awarded the Purple Heart on 2 July 1952. This award is not shown on his DD Form 214. 2. The FSM served during a qualifying period of service for entitlement to the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal. These service awards were not entered on his DD Form 214. 3. The FSM served a qualifying period for award of the Korean Service Medal with two bronze service stars. Only one service star was recorded on his DD Form 214. 4. The evidence indicates the FSM met the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 26 October 1950 to 9 October 1952. His record shows– * he served honorably and he attained the rank of sergeant first class * he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification * there is no record of any derogatory information or disciplinary action //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000565 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000565 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2