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ARMY | BCMR | CY2011 | 20110001982
Original file (20110001982.txt) Auto-classification: Approved

		

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110001982 


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, the widow of a deceased former service member (FSM), requests correction of her husband's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

2.  The applicant states the FSM was wounded on 11 June 1953 and the Purple Heart is not listed on his DD Form 214.  She wants to have his grave marker correct when they have it made.  They have his Purple Heart medal, but it will not be shown on his grave marker because it is not listed on his DD Form 214.

3.  The applicant provides:

* the FSM's Certificate of Birth
* their Certificate of Person Performing Marriage Ceremony
* the FSM's DD Form 214
* the FSM's Certificate of Death
* a letter to her from the Army Review Boards Agency

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 applicant’s records were lost or destroyed in that fire.  However, the reconstructed records contain sufficient 

documentation and documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.  

2.  The FSM's available military record shows he was inducted into the Army of the United States and he entered active service on 15 October 1952.  He held military specialty 1745 (Light Weapons Infantryman).

3.  His available record contains a U.S. Army SGO Hospitalization File Listing (microfiche 059, page 109), created by The Office of The Surgeon General and a hospital admission card for the year 1953 that shows while serving in Korea he sustained a wound to the thigh as the direct result of action against or by an organized enemy on 11 June 1953.  The hospital admission card also shows he was hospitalized for 30-39 days and he was returned to duty for general service.

4.  He was honorably released from active duty on 14 October 1954 and was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  He completed 2 years of net active service, which included 1 year, 1 month, and 22 days of foreign service, with no time lost.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized), of his DD Form 214 shows the:

* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge
* National Defense Service Medal
* Army Good Conduct Medal

6.  Item 29 (Wounds Received as a Result of Action with Enemy Action) of his DD Form 214 shows the entry "11 June 1953," which indicates he was wounded as a result of action with enemy forces during his period of service.

7.  There are no orders in the FSM's available service personnel records that show he was awarded the Purple Heart.

8.  The Korean War casualty listing contains the FSM's name.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the 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, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 (Military Awards) 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 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM was wounded as a result of hostile action in Korea on 11 June 1953, he received treatment by medical personnel, and the treatment was made a matter of official record.  Item 29 of his DD Form 214 also shows he was wounded as a result of enemy action; however, the Purple Heart medal is not shown.  Therefore, the FSM is entitled to correction of his DD Form 214 to show this award.

2.  Item 29 of the FSM's DD Form 214 only shows the date of his wounding.  Therefore, his DD Form 214 should be corrected to reflect the entry "Korea,
11 June 1953."

3.  The available evidence also shows the FSM met the criteria for the Republic of Korea War Service Medal.  Therefore, the FSM's DD Form 214 should be corrected to show this award.

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

BOARD VOTE:

____x__  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to item 27 of the FSM's DD Form 214 the entry:

* Purple Heart
* Republic of Korea War Service Medal

	b.  deleting from item 29 of the FSM's DD Form 214 the entry "11 June 1953" and replacing it with the entry "Korea, 11 June 1953."

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to our Nation and the Korean War efforts are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110001982



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ABCMR Record of Proceedings (cont)                                         AR20110001982


   
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