ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 October 2019 DOCKET NUMBER: AR20180008652 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 add: * award of the Purple Heart * completion of the Engineer School, April 1949 * promotion to sergeant (SGT)/E-5 * foreign service in Saipan and Guam and $500 demolition pay * award of the Korean Service Medal with 5 combat starts APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from Bay Pines Veteran Affairs Regional Office, Disabled American Veterans Office FACTS: 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 AR20130015029 on 29 April 2014. 2. The applicant states, in effect, he earned SGT in Korea. Hs DD Form 214 and his DD Form 215 (Correction to DD Form 214) are in error. He served in Guam and Sai Pan Island and both assignments are missing from his DD Form 214. His DD Form 214 does not show his completion of Engineer School in April 1949. His DD Form 214 doesn’t show the award of the Korean Service Medal with appropriate campaign stars. In addition, he earned the Purple Heart. 3. The applicant provides a letter written on his behalf by the Disabled American Veterans Organization. The letter addresses the applicants claim to the VA for service connected disabilities. 4. The applicant’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 the applicant’s records were lost or destroyed in that fire. 5. A review of the applicant’s DD Form 214 shows: a. He enlisted in the Regular Army on 17 November 1948. He completed 3 years, 6 months and 11 days of net service. b. Item 26 (Foreign and/or Sea Service) shows he completed 2 years, 4 months and 22 days of foreign and/or Sea Service c. Item 27 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) is void of the Purple Heart Medal. The Korean Service Medal with one bronze star is added by DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). d. Item 30 (Services Schools or College, College Training Courses and Post Grad, Courses Successfully Completed) of his DD Form 214 shows he completed the Engineer Heavy Equipment Course, Fort Belvoir, VA in April 1949. e. On 27 May 1952, he was honorably discharged. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he served 3 years, 6 months, and 11 days of active service this period. It also shows he was awarded or authorized the: * Korean Service Medal with one Bronze Service Star * United Nations Service Medal * Republic of Korea Presidential Unit Citation 6. The applicant’s name is not on the Korean War Casualty list. 7. On 2 May 2014, the Board denied the applicant's request for additions to his DD Form 214: 8. By regulation Army Regulation 600-8-22: a. To be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. b. 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 include injury caused by enemy emplaced trap, mine or other improvised explosive device; as well as concussions and or mild TBI caused as a result of enemy-generated explosions that result in either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. 9. By regulation, AR 635-5 (Separation Documents) the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for: Item: * 26, (Foreign and/or Sea Service): enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service. * 27, (DECORATIONS, MEDALS, BADGES, COMMENDATIONS, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED). List awards and decorations for all periods of service in the priority sequence specified in AR 600- 8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. * 30, (SERVICE SCHOOLS OR COLLEGES, COLLEGE TRAINING COURSES AND/OR POST-GRAD COURSES COMPLETED). Enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. His DD Form 215 shows his service in Korea was recognized with a KDSM; however, the number of bronze service stars authorized could not be confirmed. His DD Form 214 shows the requested military education is already listed. His record is void information, and the applicant did not provide evidence showing that he is entitled to the Purple Heart, was promoted to SGT, or was assigned or attached to Saipan or Guam, nor entitled to a special pay. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board agreed there is insufficient evidence to amend the previous Board’s decision. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130015029 on 29 April 2014. X CHAIRPERSON Signed by: 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation AR 600-8-22, (Military Awards) in effect at the time: a. To be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. b. 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 include injury caused by enemy emplaced trap, mine or other improvised explosive device; as well as concussions and or mild TBI caused as a result of enemy-generated explosions that result in either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. 3. Army Regulation 635-5 (Separation Documents) in effect at the time states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for: Item: * 26, (Foreign and/or Sea Service) enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service. * 27, (DECORATIONS, MEDALS, BADGES, COMMENDATIONS, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED). List awards and decorations for all periods of service in the priority sequence specified in AR 600- 8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. * 30, (SERVICE SCHOOLS OR COLLEGES, COLLEGE TRAINING COURSES AND/OR POST-GRAD COURSES COMPLETED). Enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared. //NOTHING FOLLOWS//