ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 August 2019

	DOCKET NUMBER:  AR20180006788


APPLICANT REQUESTS:  the previous request of his deceased father, a former service member (FSM), be reconsidered to add the following awards to his DD Form 214 (Report of Separation from the Armed Forces of the United States):

* Purple Heart 
* Army Good Conduct Medal
* Combat Service Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of Montana)
* Certificate of Death

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001054821 on 21 June 2001.

2.  The FSM’s son states his father was wounded while serving during the Korean War.  He asks why and where is the FSM’s Purple Heart, Good Conduct Medal, and Combat Service Medal?  He was told the FSM was wounded and medevac’d (medically evacuated).  He wants to know where his father was wounded, and lost 60 percent use of his left arm.  He wants to know where the rest of his father’s medals are.  His father died waiting.  

3.  The FSM’s service 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of a separation qualification record and a DD Form 214.

5.  A review of the FSM’s DD Form 214 and other available documents shows:

	a.  The FSM entered active duty in Butte, MT, on 31 January 1952.

	b.  At the time of his separation, the FSM was assigned to Battery B, 75th AF Battalion (unclear what AF stood for). 

	c.  FSM served in Korea and was awarded the Korean Service Medal.

	d.  The Office of the Surgeon General hospital admission card data files show he was hospitalized on 20 March 1953, and treated for a contusion to his elbow, arthritis of the elbow joint and neurofibroma on his hand while on duty performing assigned duties and related to falls or jumps on obstacle course.  There is no record that the conditions were the result of hostile action.

	e.  He was honorably separated and released to the U.S. Army Reserve on 19 November 1953 under the provisions of Service Record 615-363-5, section VI.  He completed 1 year, 9 months, and 19 days of active service and 1 year, 1 month and 13 days of foreign service.

		(1)  Block 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) shows he was awarded or authorized the National Defense Service Medal, United Nations Service Medal, and Korean Service Medal with 3 bronze service stars.

		(2)  Block 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None." 

	f.  The FSM's name is not listed on the Korean Casualty Roster. 

	g.  He enlisted in the Montana Army National Guard (MTARNG) on 12 July 1954.  He held military occupational specialty 1796 (Gunner).  He was discharged from the MTARNG on 16 September 1955.  He was issued an NGB Form 22 that captured his ARNG service.

	h.  He applied to the ABCMR for award of the Purple Heart and his request was denied on 21 June 2001.  The letter further stated that his records do not contain sufficient justification to grant the relief requested that only if he could present newly discovered evidence that was not available for consideration by the Board when it denied the application, would there be a basis for reconsideration.

	i.  The National Personnel Records Center on 5 September 2018, responded to a request for loan and transfer of records of the Official Military Personnel File (OMPF) it explained that a fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed the FSM’s records were lost or destroyed in that fire.  However alternate records sources were used to reconstruct service record data.

6.  Army Regulation 600-8-22 (Military Awards) states: 
	a.  The Purple Heart is awarded for a wound/injury 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
* the medical treatment must have been made a matter of official record

   b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  The Army Good Conduct Medal may be awarded (for first award only), upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The Soldier must have "excellent" conduct and efficiency ratings.  The applicant's conduct and efficiency ratings are not available with this case. 

	c.  The Combat Service Medal is not a recognized military award.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  The Board agreed the FSM’s record shows he was eligible to receive the Army Good Conduct Medal for his service, and that the award should be added to his separation document.  The Board also agreed the FSM’s record and the evidence provided is absent evidence the FSM was entitled to the Purple Heart.  Finally, regulatory guidance does show the Combat Service Medal is a recognized military decoration.


BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2001054821 on 21 June 2001.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 31 January 1952 through 19 November 1953, and adding the medal to his DD Form 214 for the period ending 19 November 1953.

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 awarding the Purple Heart and adding the Combat Service Medal to his DD Form 214.


	 
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.


REFERENCES:

1.  .  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 a medical officer, and the medical treatment must have been made a matter of official record.

	b.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injuries caused by enemy bullet, shrapnel, or other projectile created by enemy action; injuries caused by an enemy-placed mine or trap; injuries caused by enemy-released chemical, biological, or nuclear agents; and injuries caused by a vehicle or aircraft accident resulting from enemy fire.

	c.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years 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
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty

	2.  Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), dated 12 June 1956, prescribed the separation forms prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180006788


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