BOARD DATE: 10 October 2013 DOCKET NUMBER: AR20130002517 «Merge Record #» 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 correction of her late father's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 September 1953 to show two awards of the Purple Heart. 2. The applicant states the FSM's DD Form 214 for the period 28 November 1950 to 1 September 1953 shows he received wounds to his right thigh and right buttock. 3. The applicant provides: * FSM's death certificate * DD Forms 214 for the periods ending 20 March 1950 and 1 September 1953 CONSIDERATION OF EVIDENCE: 1. The FSM's complete military records are 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 the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 2. His DD Form 214 for the period ending 20 March 1950 shows he enlisted in the Regular Army on 12 November 1947 for a period of 36 months. He served as light weapons infantryman and he was honorably released from active duty on 20 March 1950. 3. His DD Form 214 for the period ending 1 September 1953 shows he enlisted in the Regular Army on 28 November 1950 for a period of 3 years. He served as an infantryman in Korea and he was honorably discharged on 1 September 1953 prior to his expiration term of service. 4. His DD Form 214 for the period ending 1 September 1953 does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this DD Form 214 shows the entry "SFW [shrapnel fragment wound] of right thigh and right buttock – 29 Oct 51." 5. There are no orders for the Purple Heart in the available records. 6. The Korean casualty roster shows the FSM was wounded on 29 October 1951. 7. There is no evidence the FSM was wounded on two separate incidents on 29 October 1951. 8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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. The regulation also states a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 9. Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 10. 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 1953. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for two awards of the Purple Heart for the FSM was carefully considered. The entry in item 29 of the FSM's DD Form 214 for the period ending 1 September 1953 which shows he was wounded on 29 October 1951 is accepted as sufficient evidence on which to base adding one award of the Purple Heart to his DD Form 214. 2. However, his DD Form 214 showing he received fragment wounds to his right thigh and right buttock on 29 October 1951 indicates he sustained these wounds in a single incident. There is no evidence to indicate the FSM was wounded in two separate incidents on 29 October 1951. Therefore, there is insufficient evidence on which to base adding a second award of the Purple Heart to his DD Form 214 for the period ending 1 September 1953. 3. The FSM served a period of qualifying service for award of the NDSM and ROKWSM. Therefore, his DD Form 214 should be corrected to show these medals. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x__ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Purple Heart, NDSM, and ROKWSM to his DD Form 214 for the period ending 1 September 1953. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a second award of the Purple Heart to his DD Form 214. ___________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) AR20130002517 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002517 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1