BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130016510 


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 reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Purple Heart with two Oak Leaf Clusters.

2.  The applicant states he has his original Purple Heart with two Oak Leaf Clusters and two official Army photographs of the ceremony on 9 February 1952 in which Brigadier General Hayden pinned the Distinguished Service Cross and the Purple Heart with two Oak Leaf Clusters on him.

3.  The applicant provides no additional evidence in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120012567 on 17 January 2013.

2.  The original Record of Proceedings addressed only one Oak Leaf Cluster.  The applicant had requested his DD Form 214 be corrected to show he was awarded the Purple Heart with Second Oak Leaf Cluster.  

3.  The applicant's complete 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 the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

4.  On 3 June 1949, he enlisted in the Regular Army.  He was transferred to Korea in July 1950 and assigned to Company F, 35th Infantry Regiment.

5.  The following information is contained in his reconstructed service medical records.

	a.  On 16 December 1950, he was admitted to the 8055th Mobile Army Surgical Hospital (MASH) for frostbite, right foot.  

	b.  On 22 December 1950, he was admitted to Osaka Army Hospital.  According to the record brief he had frostbite on both feet, incurred on 
1 December 1950 near Pyongyang, Korea while withdrawing from the enemy.

	c.   An entry, dated 22 December 1950, from Osaka Army Hospital states Headquarters, Osaka Army Hospital General Order 3385, dated 26 December 1950, awarded him the Purple Heart.  He was transferred to the 8040th Station Hospital on 6 January 1951 and to duty on 27 January 1951.

6.  Morning reports for Company F, 35th Infantry contain the following information.

	a.  On 16 August 1950, the applicant's status was changed from duty to hospital, LWA (lightly wounded in action), Masan, Korea.

	b.  On 29 May 1951, his status was changed from LWA Korea, 21 May 1951 to release for transfer to Swedish Hospital.

7.  On 17 September 1952, he was discharged.  His DD Form 214 provides the following information:

	a.  Item 27 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* Republic of Korea Presidential Unit Citation
* Distinguished Service Cross
* Korean Service Medal with five bronze service stars
* Purple Heart
* Combat Infantryman Badge

	b.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the following entries:

* SFW (shell fragment wound) - Right Thigh - 21 May 1951 - Korea
* Wound - Right Arm - 16 August 1950 - Korea  

8.  A DD Form 215 (Correction to DD Form 214), dated 19 March 2001, made the following corrections to item 27 of his DD Form 214:

* delete:  Korean SVC Medal w/5 BZ Stars
* add:  Korean Service Medal with 1 silver service star and 1 bronze 	service star

9.  A DD Form 215, dated 17 February 2013, made the following corrections to his DD Form 214:

* delete:  Purple Heart
* add:  Purple Heart with First Oak Leaf Cluster
	United Nations Service Medal
	National Defense Service Medal
	Republic of Korea War Service Medal

10.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” was defined as an injury to any part of the body from an outside force, 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.  An “element” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

11.  Special Regulation 615-360-1 (Discharge Procedures and Preparation of Separation Forms), then in effect, stated that for item 29 of the DD Form 214 enter chronologically each wound received during the period covered by the 
DD Form 214 being prepared, as the result of enemy action.  Show both date and place of action if recorded on records available at time of separation.  If records were not available, the terminology "no records available" was to be entered.  The theater of operations in which the action occurred could be entered if exact location was not recorded.

12.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 may be reissued when two DD Forms 215 have been issued and an additional correction is required.


DISCUSSION AND CONCLUSIONS:

1.  The records clearly show the applicant is entitled to the Purple Heart with two Oak Leaf Clusters.  Therefore, this award should be shown on his DD Form 214.

2.  His first Purple Heart was awarded for frostbite to both of his feet incurred on  1 December 1950 near Pyongyang, Korea.  Therefore, this should be added to item 29 of his DD Form 214.

3.  Normally when two DD Forms 215 have already been issued and an additional correction is required a new DD Form 214 is issued.  However, in this case, due to the difference in the forms used in 1950 and the form now used some of the information would not be included on the new form.  Therefore, in order to prevent this loss of information, it would be appropriate to void the 
DD Form 215, dated 17 February 2013, and include those corrections on a new DD Form 215.

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 amendment of the ABCMR’s decision in Docket Number AR20120012567, dated 17 January 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his DD Form 215, dated 17 February 2013.

	b.  issuing a new DD Form 215 with the following corrections:

		(1)  item 27  Delete: Purple Heart
	Add:  Purple Heart with Second Oak Leaf Cluster, United 	Nations Service Medal, National Defense Service Medal, and 	Republic of Korea War Service Medal 

		(2) item 29 - add the entry: "Frostbite, both feet - 1 December 1950 - Korea"



      ________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)                                         AR20130016510



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ABCMR Record of Proceedings (cont)                                         AR20130016510



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