BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20170001673 BOARD VOTE: _____x____ ___x____ __x______ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20170001673 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 14 December 1950 through 13 September 1952; and b. deleting the Purple Heart c. amending his DD Form 214 to add the: * Army Good Conduct Medal (1st Award) * Purple Heart (2nd Award) * National Defense Service Medal * Republic of Korea - Korean War Service Medal _____________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. . BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20170001673 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 son of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart (2nd Award). 2. The applicant states the FSM's DD Form 214 reflects two combat wounds on different dates; however, the form only reflects one award of the Purple Heart. 3. The applicant provides: * Certificate of Death * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Certification of Birth 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 FSM's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case. 2. The FSM was inducted into the Army of the United States on 14 December 1950. His most significant duty assignment was with Company B, 484th Engineer Construction Battalion. 3. There are no orders in the available evidence showing the FSM was awarded a second Purple Heart. 4. The FSM was honorably released from active duty on 13 September 1952. His DD Form 214 shows he completed 1 year and 9 months of net service with 7 months and 16 days of foreign and/or sea service. a. Item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not reflect a second award of the Purple Heart; however, this item does reflect award of the: * Combat Infantryman Badge * Korean Service Medal with 1 bronze campaign star * Purple Heart * Bronze Star Medal * United Nations Service Medal b. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the FSM's DD Form 214 contains the entries "Ft Parietal Area Shrapnel-Korea, 5 Aug 51" and "Ft Thigh & Chest Shrapnel-Korea, 17 Oct 51." 5. On 5 October 2009, the FSM's DD Form 214 was corrected by DD Form 215 to add the Silver Star to his official military personnel records. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part: a. The Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. 2. The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 3. Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. a. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. b. There must have been no convictions by court-martial; however, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION: 1. The applicant contends the FSM is entitled to award of a second Purple Heart for wounds received as a result of action with enemy forces while supporting combat operations in Korea. 2. Although there are no orders awarding the FSM a second Purple Heart, item 29 of his DD Form 214 clearly states he was wounded in combat on two separate occasions. 3. Records show the FSM served a qualifying period of service for award of the National Defense Service Medal. 4. Records show the FSM served a qualifying period of service for award of the ROK-KWSM. 5. The FSM served a qualifying period for award of the Army Good Conduct Medal (1st Award); however, his DD Form 214 does not reflect this award. In absence of evidence to the contrary, it is reasonable to presume a Soldier who earned the Combat Infantryman Badge, a Bronze Star Medal, a Silver Star for gallantry, and who is entitled to award of a second Purple Heart in less than 2 years of active service would have been deserving of this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001673 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001673 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2