IN THE CASE OF:	  
		BOARD DATE:	  22 January 2009

		DOCKET NUMBER:  AR20080012878 


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, in effect, correction to her late husband's, a former service member (FSM), DD Form 214 (Report of Separation from the Armed Forces of the United States), to show award of the Purple Heart and any other awards to which he may be entitled and issuance of a DD Form 215 (Correction to DD Form 214).

2.  The applicant states, in effect, that her late husband's discharge document does not show all of his awards to include the Purple Heart.  She also states that he was wounded in Korea on 1 July 1951 and spent 6 months in the hospital.  She further states that a copy of her late husband's service and medical records verify that he was wounded by the enemy.

3.  In support of her application, the applicant provides copies of their marriage license and her husband's certificate of death.

CONSIDERATION OF EVIDENCE:

1.  The FSM's 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 Army records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

2.  The FSM's available records show that he enlisted in the Regular Army in pay grade E-1 on 28 July 1948 and entered active duty.  He was promoted to the rank of corporal on 28 March 1950.  The FSM was honorably released from active duty on 27 July 1950 by reason of completion of active service and transferred to the U.S. Army Reserve.  He was issued a DD Form 214 that lists in item 27 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) the following award:  the Army of Occupation Medal.  The Purple Heart is not listed.  Item 29 (Wounds Received as a Result of Acton with Enemy Forces) contains the entry "None."

3.  A second DD Form 214 shows the FSM again entered active duty on 24 October 1950.  Documentation shows that on 1 July 1951, the FSM incurred a compound fracture of his right mandible after his vehicle was forced off the road, pinning him underneath.  On 3 July 1951, the FSM was transferred from the 121st Evacuation Hospital to the Tokyo Army Hospital.  In August 1951, he was back in the United States and placed on convalescent leave from 26 August 1951 to 25 September 1951.

4.  The FSM's available military records also contain a memorandum for record and a disposition memorandum addressed to the Chief, Casualty Branch, that shows on an unspecified date the FSM's injury was determined to be a "non-battle casualty."  There are no orders or evidence in the available records that show he was awarded the Purple Heart.  There is also no evidence that indicates he was wounded or treated for wounds as a result of hostile action.

5.  The available records show the FSM underwent a separation physical examination on 23 November 1951.  On an unspecified date, the FSM was released from active duty and transferred to the Enlisted Reserve Corps.  He was issued a DD Form 214 that lists in item 27, the following award:  the Korean Service Medal.  The Purple Heart is not listed.  Item 29 (Wounds Received as a Result of Acton with Enemy Forces) contains no entry to indicate he was wounded as a result of hostile action.

6.  The FSM's DD Form 214 also shows he served with the 20th Signal Air-Ground Liaison Company during one campaign (United Nations Summer Fall Offensive (Korea), 9 July 1951-27 November 1951, as listed in Army Regulation 600-8-22 (Military Awards), Appendix B).

7.  The FSM was honorably discharged from the Enlsited Reserve Corps on 5 February 1952 due to the completion of his Reserve obligation.

8.  The Korean Casualty List does not show the FSM’s name.

9.  Army Regulation 600-45 (Military Awards), in effect at the time, specified that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded either in action against an armed enemy of the United States, or as a direct result of an act of such enemy, provided the wound necessitated treatment by a medical officer.  A wound was defined as an injury to any part of the body from an outside source, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  Record of medical treatment for wounds or injuries received in action must have been made a matter of official record during the period of hostilities or within 6 months thereafter.

10.  Army Regulation 600-8-22, the current awards regulation, provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for the period between 27 July 1950 and 27 July 1954.

11.  Army Regulation 600-8-22 further provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service 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.

12.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

13.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, in this case, the Korean Service Medal.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that based on the FSM's service in Korea and campaign participation, he is entitled to the National Defense Service Medal, the United Nations Service Medal, the Republic of Korea - Korean War Service Medal, and one bronze service star to be affixed to his already-awarded Korean Service Medal.  Therefore, the applicant is entitled to have her late husband's records corrected to show those awards on his DD Form 214.

2.  By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded in action against an armed enemy or as a direct result of an act of such enemy.  There is no evidence of record, and the applicant has provided insufficient evidence, which shows that the FSM was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action in Korea.  The evidence shows that the FSM's injuries were sustained as a result of a vehicle accident when the vehicle he was driving was forced off the road by a truck and he was pinned underneath.  Based on the foregoing, the FSM does not meet the regulatory requirement for award of the Purple Heart; therefore, the FSM is not entitled to this award.

3.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

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 be corrected by adding the National Defense Service Medal, the United Nations Service Medal, the Republic of Korea - Korean War Service Medal, and one bronze service star to be affixed to his already-awarded Korean Service Medal to the list of awards already contained on his DD Form 214; and by providing the applicant a corrected separation document that includes these awards.
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 award of the Purple Heart to the former service member and its addition to his DD Form 214.



      __________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)                                         AR20080012878



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ABCMR Record of Proceedings (cont)                                         AR20080012878



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