ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 June 2021 DOCKET NUMBER: AR20210005865 APPLICANT REQUESTS: the applicant the spouse of the Former Service Member (FSM) requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 26 June 1953 to show: * award of the Purple Heart * change of the "Reason and Authority for Separation" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending 26 June 1953 * Marriage License, dated 19 March * DD Form 303A (Certificate in Lieu of Lost or Destroyed Discharge), dated 29 April 1965 * Certificate of Death, dated 21 November FACTS: 1. On behalf of the FSM, the applicant states that item 8 (Reason and Authority for Separation) of the issued DD Form 214 is incorrect. She contests that she researched the reference provided and notes that it refers to "psychiatric disorders" of which she denies that the FSM had at the time of his discharge. In fact, after he was discharged he enrolled in Vocational Arts School; his mental state was good. She further contends that wounded Soldiers were supposed to receive the Purple Heart, however the FSM did not despite being wounded in his "fibula bone" (small bone in the lower leg) while serving in combat. Evidence (scarring) of the shrapnel remained in his leg. 2. A review of the FSM's available service records reflects the following: a. After previously serving in the National Guard, the FSM enlisted in the Regular Army on 27 June 1950. b. On or about 25 September 1951, the FSM was sent to the Republic of Korea. While serving in the Republic of Korea, the FSM participated in two Korean War Campaigns (UN Summer-Fall Offensive and Second Korean Winter) from September 1951 – June 1952 as reflected within his personnel record (Section 7 – Combat Record). Section 8 (Wounds Received through Enemy Action) is void of evidence related to any wounds or injuries sustained. c. On 20 April 1952, the FSM received medical treatment for a penetrating wound to his fingers that was sustained from the accidental explosion of small arms ammunition while performing his assigned duties. The associated medical documentation refers to this injury as being connected to the use of "own instrumentalities of war." d. On 23 June 1953, SF 88 (Report of Medical Examination) was completed showing in "clinical evaluation" number 42 "psychiatric" "normal." e. On 26 June 1953, the FSM was discharged from active duty and subsequently transferred to the U.S. Army Reserve effective 27 June 1953 pursuant to section 4 of the Universal Military Training and Service Act and Special Regulations (SR) 615-363-5 (Enlisted Personnel Release from Active Duty). DD Form 214, item 29 (Wounds Received as the Result of Action with Enemy Forces) reflects "none." Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects the following decorations, medals or badges: * Korean Service Medal with 2 bronze service stars * United Nations Service Medal * Combat Infantryman Badge f. Item 8 (Reason and Authority for Separation) on the DD Form 214 reflects "Expiration Term of Service (ETS) under the provisions of Army Regulation (AR) 615- 360 (Enlisted Personnel - Discharge) and Department of the Army (DA) Circular (Cir) 38 (Reduction of Involuntary Extension of Enlistment), 1952. 3. The applicant provides a: a. Marriage license, dated 19 March, reflective of the FSM and the applicant being legally married in the state of XXXXXX. b. DD Form 303A, dated 29 April 1965, reflective of the FSM's honorable discharge from the Army of the United States on 26 June 1953. c. Certificate of death, dated 21 November, reflective of the FSM's death. 4. The applicant did not provide nor does review of the FSM's available medical records reflect injuries or wounds sustained while in action against an enemy or as a result of hostile action. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the FSM’s military record, documents provided by the applicant and regulatory guidance. The applicant stated the FSM received medical treatment for a penetrating wound to his fingers that was sustained from the accidental explosion of small arms ammunition while performing his assigned duties. The associated medical documentation refers to this injury as being connected to the use of "own instrumentalities of war. The Board agreed there is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. Based on governing regulation, the Board determined that no documentation or supporting statements indicated the applicant had loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function as specified in the criteria for award of the Purple Heart. Therefore, the applicant did not meet the requirements for award of the Purple Heart, nor was there justification to change the FSM’s reason and authority for separation. However, the Board determined the applicant's service record did not reflect he was awarded the AGCM and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Therefore, partial relief was granted to correct the applicant’s record and award him the Army Good Conduct Medal. 2. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Army Good Conduct Medal. 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 award of the purple heart and change to the reason and authority for separation. X 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. REFERENCES: 1. Army Regulation (AR) 615-360 (Enlisted Personnel - Discharge) in effect at that time provides for the discharge of enlisted personnel upon expiration of term of enlistment and set forth the general provisions governing the separation from the service of enlisted and inducted persons prior to expiration of their terms of service. Section IV (When Discharged) provides guidance for separation upon expiration of term of enlistment or period for which inducted or ordered into the active military service. Personnel released from active military service and transferred to the U.S. Army Reserve upon completion of the term of service for which inducted or ordered into the active Federal service, or released to an inactive status in their Reserve component upon completion of active military service, will not be discharged until completion of their Reserve obligation (Special Regulations (SR) Number 615-363-5). 2. SR Number 615-363-5 (Enlisted Personnel – Release from Active Duty) in effect at that time provides the administrative procedures for relief from active duty, transfer to the Army Reserve and enforcement of obligations of personnel enlisted or inducted. This applies to each male who entered on active duty by enlistment or induction between 25 June 1948 and 19 June 1951, both dates inclusive, while under 26 years of age, and whose period of active duty is less than 3 years. 3. Department of the Army (DA) Circular (Cir) 38 (Reduction of Involuntary Extension of Enlistments) provides that Item 8 (Reason and Authority for Separation) of DD Form 214 (Report of Separation from the Armed Forces of the United States) will be completed as follows for all personnel discharged under the provisions of this Circular: "Expiration of term of service, AR 615-360 and DA Circular 38, 1952." This paragraph applies only to enlisted personnel in active military service at time of separation. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Purple Heart 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. Treatment of the wound will be documented in the member's medical and/or health record. Award may be made for a wound treated by a medical professional other than a medical officer provided a medical officer includes a statement in the member's medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound, and was the wound so severe that it required treatment by a medical officer. Some examples of enemy-related actions which justify eligibility for the Purple Heart are as follows: * Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * Injury caused by enemy emplaced trap, mine or other improvised explosive device * Injury caused by chemical, biological, or nuclear agent released by the enemy * Injury caused by vehicle or aircraft accident resulting from enemy fire * Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract //NOTHING FOLLOWS//