IN THE CASE OF:	  

		BOARD DATE:	    25 March 2014

		DOCKET NUMBER:  AR20130013170 


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 daughter of a deceased former service member (FSM), requests that the FSM be awarded the Purple Heart (PH).  

2.  She states the FSM told her he received the Purple Heart (PH) for an injury he received on 31 August 1950 during the Korean War.  She requested medals on his behalf before he died, but the PH was not among the medals she received.  He was involved in one of the worst battles of the Korean War.  Out of all the men in his unit, the 9th Infantry Regiment, 2nd Infantry Division, only 29 survived.  He spent the rest of his life unable to use his arm and suffering from post-traumatic stress disorder.  He survived 6 days wounded behind enemy lines.  He told her he was shot by a sniper.

3.  She provides:

* Certificate of Death
* WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge)
* NA Form 13038 (Certification of Military Service)
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* newspaper articles
* documents providing the history of the PH and the criteria for the award



CONSIDERATION OF EVIDENCE:

1.  The FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents the applicant provides, a reconstructed record provided by NPRC, and the Korean War Casualty File.

2.  The FSM served in the Regular Army (RA) from 19 June 1946 to 24 October 1947.  Following a break in service, on 1 June 1950, he again enlisted in the RA.  

3.  The Korean War Casualty File shows he was wounded in action in Korea on 31 August 1950 while he was assigned to the 9th Infantry Regiment, 2nd Infantry Division.

4.  On 31 May 1953, he was honorably discharged.  His DD Form 214 shows in:

* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* Korean Service Medal (KSM)
* United Nations Service Medal 
* Combat Infantryman Badge

* item 26 (Foreign and/or Sea Service) – 2 months and 21 days
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) – "Korea 31 Aug 50"

5.  The available records are void of documentation indicating the FSM was awarded the PH.  

6.  The applicant provides newspaper articles showing, in part, that by November 1950 the FSM had returned to the United States to continue medical treatment.

7.  Army Regulation 600-8-22 (Military Awards) states the PH 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.

8.  A review of his record indicates he is entitled to additional decorations not shown on his DD Form 214.  
9.  Army Regulation 600-8-22 states:

	a. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	b.  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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign credits received by units during the Korean War.  

	a.  The pamphlet shows the 9th Infantry Regiment was cited for award of the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 1 to 5 September 1950, by Department of the Army General Orders Number 35, dated 1951.  

	b.  The pamphlet shows the 9th Infantry Regiment was credited with participation in the United Nations Defensive Campaign (27 June to 15 September 1950).

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the KSM, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's DD Form 214 and the Korean War Casualty File confirm that he was wounded in action.  This documentation is a sufficient basis for awarding him the PH and correcting his DD Form 214 to show the award.

2.  He served in the 9th Infantry Regiment during the United Nations Defensive Campaign.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear with his previously-awarded KSM.

3.  He served honorably during a period of eligibility for the NDSM.  He is entitled to correction of his DD Form 214 to show this award.

4.  Based on his service in Korea, he is eligible for the ROKWSM.  He is entitled to correction of his DD Form 214 to show this award.
5.  He served in the 9th Infantry Regiment during a period for which the unit was cited for award of the ROKPUC.  He is entitled to correction of his DD Form 214 to show this unit award.

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 him the PH for wounds he received in action on 31 August 1950; and

	b.  making the following deletion from item 27 of his DD Form 214 and adding.

(1)  deleting the "Korean Svc Medal"; and

		(2)  adding: 

* PH
* KSM with one bronze service star
* NDSM
* ROKWSM
* ROKPUC



      _______ _   _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)                                         AR20130013170



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ABCMR Record of Proceedings (cont)                                         AR20130013170



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