IN THE CASE OF:	  

		BOARD DATE:	    18 August 2011

		DOCKET NUMBER:  AR20110001028 


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, on behalf of her deceased spouse, a former service member (FSM)), requests award of the Purple Heart and correction of his DD form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Purple Heart.

2.  The applicant states, in effect, on 6 October 1952, the FSM sustained extensive shrapnel wounds due to enemy action while serving in Korea during the Korean War.  She contends this is documented by a Western Union Telegram from the Army Adjutant General to the parents of the FSM, dated 11 October 1952; a Stipulation of Fact issued at Fort Sheridan, dated 
22 December 1954; a newspaper article announcing the wounded in action; and a Department of Veterans Affairs (DVA) Rating Decision, dated 9 February 2005. She further states the FSM's family desires to have the Purple Heart engraved on his Government grave marker but the DVA will not engrave it unless his DD Form 214 or DD Form 215 (Correction to DD Form 214) shows the Purple Heart.

3.  She provides:

* the FSM's DD Form 214
* a Western Union Telegram
* a Stipulation of Fact court document
* a DVA Rating Decision
* an Iowa marriage record
* a Wisconsin Department of Health and Family Services Certificate of Death
CONSIDERATION OF EVIDENCE:

1.  The FSM's military record is 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 his 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.  This case is being considered using the aforementioned documents provided by the applicant and the U.S. Army, Surgeon General's Office, Hospitalization File Listing for the year 1952.

2.  The FSM's DD Form 214 shows he was inducted into the Army of the United States on 24 July 1951.  His military occupational specialty was 940 (Cook).  His most significant duty assignment was Battery C, 28th Field Artillery Battalion, Fort Carson, CO.  On 23 September 1953, he was honorably released from active duty (REFRAD) and transferred to the Army Reserve for completion of his statutory service obligation.  He completed 2 years of net active military service; 1 year and 15 days of which were foreign and/or sea service.  He held the grade of private (PV2)/E-2 on the date of his REFRAD.

3.  The applicant provides a Western Union telegram, dated 11 October 1952, wherein the Adjutant General of the Army informed the FSM's parents that he had been seriously wounded in action in Korea on 6 October 1952.  He sustained flesh wounds to his neck and face as a result of artillery fire.

4.  The applicant provides a newspaper article entitled "Sparta Soldier Hurt in Korea" which shows the FSM had been seriously wounded in action in Korea on 6 October 1952.  He sustained flesh wounds to his neck and face as a result of artillery fire.

5.  The applicant provides a "Stipulation of Fact" court document rendered at Headquarters, Fort Sheridan, IL on 22 December 1954.  This document shows the FSM's service record contained information showing he:

* departed the continental United States (CONUS) on 5 January 1952 and arrived in Yokohama, Japan on 6 January 1952
* departed Sasebo, Japan on 22 March 1952 and arrived in Pusan, Korea on 23 March 1952
* suffered shrapnel wounds extending to his right hand, face, neck, lower left arm, left thigh, lower left leg, left foot, and right thigh on 6 October 1952
* returned to CONUS on 19 January 1953
* received excellent character and efficiency ratings with the exception of those which were listed as unknown

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded or authorized the:

* Combat Infantryman Badge
* Korean Service Medal with 1 bronze service star
* United Nations Service Medal
* National Defense Service Medal
* Overseas Service Bar

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces (Place and date if known)) of the FSM's DD Form 214 contains the entry "None."

8.  A review of the Korean Casualty File revealed the FSM was "wounded in action by missile" on 6 October 1952 in the North Korean sector and subsequently hospitalized.

9.  The applicant provides a DVA Rating Decision, dated 9 February 2005, which shows the DVA granted the FSM service-connection for residuals of shrapnel wound, scars, right hand, lower left hand, left thigh, lower left leg, left foot and right thigh.  The DVA also granted him service-connection for residuals of a shrapnel wound, facial scar (under chin).

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.

11.  Army Regulation 600-8-22 (Military Awards) states that 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 a crewmember of an aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part that for item 29, enter chronologically each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared.  Show both place of action if recorded on records available at the time of separation and date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the FSM's record should be awarded the Purple Heart and his DD Form 214 should be corrected to show he was awarded the Purple Heart were carefully considered and determined to have merit.

2.  The preponderance of evidence clearly shows the FSM sustained wounds as a result of hostile action while serving in the North Korean sector of Korea, on 6 October 1952.  The FSM was hospitalized for treatment of his wounds and this hospitalization was made a matter of permanent record.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.  Additionally, item 29 of his DD Form 214 should be corrected to show "North Korean sector of Korea, 6 October 1952."

3.  The available evidence shows the FSM completed a period of qualifying service for award of the Republic of Korea War Service Medal.  Therefore, he is this medal and correction of his DD Form 214 to show this 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 sustained as the result of a hostile act on 6 October 1952;
   
   b.  adding to item 27 of his DD Form 214 the Purple Heart and Republic of Korea War Service Medal; and
   
	c.  deleting from item 29 of his DD Form 214 the entry "None" and adding "North Korean sector of Korea, 6 October 1952."




      _______ _   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)                                         AR20110001028



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ABCMR Record of Proceedings (cont)                                         AR20110001028



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