BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090006837 


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 of the records of his late brother, a former service member (FSM), to show the award of the Purple Heart (PH).

2.  The applicant states, in effect, that the FSM was wounded in action while in combat in Korea.

3.  The applicant provides a copy of a telegram sent to the FSM's spouse and a copy of the FSM's Commonwealth of Puerto Rico Certification of Death in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are not available 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 on file for the Board to conduct a fair and impartial review of this case.

2.  The FSM's DD Form 214 (Report of Separation from the Armed Forces of    the United States) shows he was called from inactive duty and he entered active duty on 6 November 1950.  He served until he was honorably discharged on     11 September 1952 for the purpose of immediately enlisting in the Regular Army. The highest rank/grade he held was private first class (PFC)/E-3.  It further shows the FSM completed 1 year, 9 months, and 24 days of active military service, of which 10 months and 1 day was overseas service.
3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he earned the following awards during his active duty tenure:  Combat Infantryman Badge (CIB) and the Korean Service Medal (KSM) with 3 bronze service stars. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "Shell fragment wound, both legs Korea 23 May 1951."

4.  The FSM was honorably discharged from the Regular Army on 24 October 1955.  A DD Form 214 for this period of service is not available.

5.  During the processing of this case, a member of the Board's staff reviewed the DA Korean War Casualty Roster.  The roster contains an entry confirming the FSM was wounded in action in Korea on 23 May 1951.

6.  The applicant submitted a copy of a telegram addressed to the FSM's spouse informing her that the FSM was wounded in action while serving in Korea on 23 May 1951.  

7.  The FSM's records contain a Hospital Admission Card created by the Office  of the Surgeon General, Department of the Army.  This form shows the FSM received treatment on 23 May 1951 for wounds received in Korea.

8.  Army Regulation 600-8-22 (Military Awards) states that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that a record of the medical treatment was made a matter of official record. that the wound required treatment by medical personnel, and a record of the treatment must have been a matter of official record.

9.  Review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

11.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
12.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  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 

   c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to his brother's records was carefully considered and found to have merit.  Records confirm     the applicant was wounded in action in Korea on 23 May 1951 as evidenced     by entries in item 29 of the FSM's DD Form 214 for the period ending                11 September 1952 and on the DA Korean War Casualty Roster.  As a result, it would be appropriate to add the PH to item 27 of the FSM's DD Form 214 at this time.

2.  The FSM was awarded the Korean Service Medal and he served a qualifying period for entitlement to the United Nations Service Medal and the National Defense Service Medal.  Therefore, the FSM's records should be corrected to show the United Nations Service Medal and the National Defense Service Medal.

3.  The FSM also served a qualifying period for entitlement to the Republic of Korea War Service Medal.  Therefore, the FSM's records should be corrected to show the Republic of Korea War Service Medal.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 corrected by:

   a.  awarding the FSM the Purple Heart for wounds received in action in Korea on 23 May 1951;

   b.  adding to item 27 of the FSM's DD Form 214 for the period ending             11 September 1952 the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal; and

   c.  providing the applicant a correction to the FSM's DD Form 214 that includes these corrections.




      ___________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)                                         AR20090006837



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ABCMR Record of Proceedings (cont)                                         AR20090006837



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