ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  2 March 2020

	DOCKET NUMBER:  AR20190012937


APPLICANT REQUESTS:  on behalf of her husband, a former service member (FSM), 
correction of his DD Form 214 (Report of Separation from the Armed Forces of the 
United States) to show award of the:

*	Silver Star
*	Bronze Star Medal 
*	Purple Heart (2nd Award)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record), dated 5 August 
2019
*	Power of Attorney, dated 22 November 2010
*	Physician's letter, dated 29 July 2019
*	Self-authored letter, dated 5 August 2019

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

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, however, there were sufficient documents remaining in a reconstructed records 
for the Board to conduct a fair and impartial review of the case.

3.  The applicant states:

	a.  Her husband suffers from dementia and he will not show anyone his military 
records.  She is only able to supply information from the moments when he had a clear 
memory.


	b.  He is a Korean War veteran with the Purple Heart (2nd Award), Bronze Star 
Medal, and the Silver Star.  

	c.  She needs help as quickly as possible because the FSM has threatened her 
many times lately.  He thinks she is his ex-wife and he is really confused and dangerous 
since he has several hand guns in his possession.

	d.  E____ T____, who is a veteran and friend, is authorized to communicate with the 
Board regarding options and to provide information.

	e.  She needs a DD Form 215 (Correction to DD Form 214) for the Department of 
Veterans Affairs (VA) so they can give the FSM priority housing in a facility to handle his 
dementia.  R____ P____, Seattle Veterans Affairs Office, has instructed her to have the 
DD Form 215 forwarded directly to his office so the VA can give the FSM priority 
housing. 

4.  On 3 January 1952, the FSM enlisted in the Regular Army in the rank/grade of 
private/E-1. 

5.  On 24 December 1952, he was discharged under honorable conditions under the 
provisions of Army Regulation 615-369 (Enlisted Men – Discharge – Inaptitude or 
Unsuitability (Inaptness, Lack of Required Degree of Adaptability, or Enuresis).  His 
DD Form 214 shows he completed 11 months and 1 day of net service and in:  

	a.  item 22 (Net Service Completed for Pay Purposes This Period) – 11 months and 
1 day,

	b.  item 23 (Other Service) – 2 years, 2 months, and 8 days,

	c.  item 24 (Total Net Service Completed for Pay Purposes) – 3 years, 1 month, and 
9 days,

	d.  item 26 (Foreign and/ or Sea Service) – 0 years, 0 months, 0 days, and

	e.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) – "None," and

	f.  item 29 (Wounds Received as a Result of Action with Enemy Forces) – "None."

6.  The FSM's records contained:

	a.  a Standard Form 180 (Request Pertaining to Military Records), dated 
10 December 2000, in which the FSM indicated he served in the Army National Guard 
during the period 1950 to 1951 and he requested a copy of his discharge and

	b.  a National Archives and Records Administration Form 13038 (Certification of 
Military Service), dated 10 February 2011, that shows the FSM served in the Regular 
Army during the period 3 January 1952 through 24 December 1952.

7.  His available records are void of any documents pertaining to his service in the Army 
National Guard.

8.  The applicant provided copies of:

	a.  a Durable General Power of Attorney with Medical Provisions, dated 
22 November 2010, which designated and appointed her as attorney-in-fact and 

	b.  a letter, dated 29 July 2019, from the FSM's doctor, T____ N____, Virginia 
Mason Issaquah, Issaquah, WA, in which he stated the FSM had been diagnosed with 
dementia and no longer competent to make financial decisions.

9.  The FSM's available records are void of any evidence he had any foreign service or 
orders awarding him the Silver Star, Bronze Star Medal, or Purple Heart.

10.  The FSM's name does not appear on the Korean Casualty Roster maintained by 
the Defense Casualty Analysis System, a battle and non-battle listing of Soldiers who 
were killed, wounded, sick, captured, or missing during their service in Korea.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the Former 
Service Member’s (FSM) record and length of service, the belief that hie records were 
lost or burned in the fire at the personnel records center, a Certification of Military 
Service and the entries on the DD form 214 produced upon his separation.  The Board 
considered the absence of the FSM’s name on the Korean Casualty Roster, the 
absence of evidence reflecting wounds and the absence of foreign service or orders 
awarding him a Silver Star, Bronze Star Medal or awards of the Purple Heart.  The 
Board considered the medical and legal documents provided by the applicant and found 
no additional evidence provided in support of the requested corrections.  Based on a 
preponderance of evidence, the Board determined that the absence of the requested 
awards or documentation of foreign service was not in error or unjust.  The Board 
recommends that the applicant be provided a copy of the DD Form 214 found in the 
FSM’s records and reviewed as a part of this consideration.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.  The Board 
recommends that the applicant be provided a copy of the DD Form 214 located in the 
FSM’s records.




	  
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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

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

	a.  The Silver Star is awarded to a person who, while serving in any capacity with the 
U.S. Army, is cited for gallantry in action against an enemy of the United States while 
engaged in military operations involving conflict with an opposing foreign force, or while 
serving with friendly foreign forces engaged in armed conflict against an opposing 
armed force in which the United States is not a belligerent party.  The required gallantry, 
while of a lesser degree than that required for the Distinguished Service Cross, must 
nevertheless have been performed with marked distinction.  

	b.  The Bronze Star Medal is awarded to any person who, while serving in any 
capacity in or with the Armed Forces of the United States, or a friendly foreign nation, 
after 6 December 1941, distinguished himself or herself by heroic or meritorious 
achievement or service, not involving participation in aerial flight, in connection with 
military operations against an armed enemy; or while engaged in military operations 
involving conflict with an opposing armed force in which the United States is not a 
belligerent party.  

	c.  The Purple Heart 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.

	d.  As with all personal decorations, formal recommendations, approval through the 
chain of command, and announcement in orders are required.

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20190012937
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