ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  16 August 2019

	DOCKET NUMBER:  AR20180015246


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) for the period ending 3 December 1951 to show 
he was awarded the Purple Heart (PH), and to show his rank as sergeant first class 
(SFC)/E-7.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Honorable Discharge Certificate
*	self-authored letter

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

a.	 His DD Form 214 shows his rank as a technical sergeant; however, his correct 
rank should be a SFC/E-7, which is the rank he received shortly before his honorable 
discharge on 11 August 1952.  [Note: his DD Form 214 for the period ending 
3 December 1951, shows his rank/grade as "Sgt T 15 Oct 1951," which means sergeant 
– temporary]. 

b.	His wounds, which he received as a result of enemy combat is also missing from 
his records.  On 18 May 1951, while serving as a tank commander with the 23rd Infantry 
Regiment of the 2nd Infantry Division, his unit was ordered to withdraw to a better 
position.  During this withdrawal, the tank he was commanding was hit by an anti-tank 
mine, resulting in the "bogie" wheel being blown off the tank, disabling the tank so 
extensively that a tank retrieval was needed to haul the tank away.  The explosion 
caused him severe damage, puncturing both of his ear drums.  He was treated by a 
medic at the time, but his unit was under a forced withdrawal; therefore, the official 
report could not be filed.  

c.	This injuring has resulted in him receiving a disability rating of 100 percent (%) 
from the Department of Veterans Affairs (VA).  

d.	He is now seeking a correction to his military records to show his correct rank 
and to receive the recognition of the PH for his wounds for which he is entitled to.  

e.	He is now 88 years old and wants the correct information listed on his grave 
stone, upon his death. 

3.  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 Record Center (NPRC) in 1973.  It is believed that most of the applicant's 
records were lost or destroyed in that fire.  Fortunately, there are alternate records 
sources that often contain information, which can be used to reconstruct service record 
date lost in the fire; however, only a partially complete record could be reconstructed.  

4.  His reconstructed record shows the following documents:

a.	A WD AGO Form 21 (Enlistment Record Regular Army (RA)) shows he enlisted
in the RA on 25 July 1947 and that his date of birth was , making him 17 years 
old at the time of his enlistment.  

b.	Partially legible documents that shows:

*	he was separated on 7 September 1947 under the provisions of Army 
Regulation 615-365 (Enlisted Men – Discharge Convenience of the 
Government), by reason of being a minority
*	a certificate of enlistment in which he voluntarily reenlisted on 26 July 1948 for 
1 year, he would have attained the age of 18 years in July 1948
*	a report of separation document with a date of separation of "Jul 49"
*	a form which states, "DATE OF DISCHARGE 24 JULY 1949"
*	a letter with the subject "Transfer to Reserve Component", which states, "you 
are transferred to the Enlisted Reserve Corps for a period of (6 years)* (5 
years)* effective 26 July 1949"

c.	A Standard Form 88 (Report of Medical Examination), dated 1 December 1951,
which was completed for the purpose of his pending separation, does not list any injury.

5.  His DD Form 214 for the period ending 3 December 1951 shows the following 
information:

a.	Item 3 (Grade-Rate-Rank and Date of Appointment) – "Sgt T 15 Oct 51."

b.	Item 6 (Effective Date of Separation) – "3 Dec 51."

c.	Item 26 (Foreign and/or Sea Service) – "0 9 19."

d.	Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized):

*	Combat Infantryman Badge
*	Distinguished Unit Citation
*	Korean Service Medal with two bronze service stars
*	It does not show he was awarded the PH

e.	Item 29 (Wounds Received as a Result of Action with Enemy Forces) – "None"

6.  The applicant provides a copy of his Honorable Discharge Certificate from the USAR 
for the period ending 11 August 1952.

7.  A review of the available records does not contain orders awarding him the PH or 
any orders that show he was promoted beyond the rank of SGT.  

8.  A review of the Korean Casualty Roster does not reveal that the applicant was 
wounded.

9.   Pursuant to Army Regulation 600-8-22 (Military Awards), to be eligible for the award 
of the PH requires evidence substantiating that the applicant sustained a wound as the 
result of hostile action that required treatment by medical personnel and was made a 
matter of his official record.  The entry in item 29 of the DD Form 214 was intended to 
reflect those wounds received as a result of enemy action while serving in combat. 
There is no evidence in the applicant's record to indicate he was wounded in action. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his available 
record of service, the belief that his records were burned in the fire at the archives, the 
reason for his separation, his rank at separation (T) and the absence of evidence 
showing an injury, awarding him a Purple Heart of promoting him to a rank above SGT.  
The Board found the applicant did not provide any additional records, to include VA 
records, for consideration by the Board.  Based on a preponderance of evidence, the 
Board determined that the applicant was not entitled to award of the Purple Heart and 
that the rank reflected on his DD Form 214 was not in error or unjust.  	

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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 for correction of the records of the individual concerned.



	  
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.

ADMINISTRATIVE NOTE(S):

Not Applicable.











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 600-8-22 (Military Awards) states the PH is awarded for a wound 
sustained in action against an enemy or as a result of hostile action.  To be entitled to 
the Purple Heart, the following three criteria must be met:

*	the wound must have been sustained 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

3.  Special Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted 
Personnel), in effect at the time, prescribed procedures for the separation of enlisted 
personnel for active duty, and included instructions for the proper completion of related 
forms, to include the DD Form 214.  Regarding item 29 of the DD Form 214, it required 
an entry to show each wound received as the result of enemy action, listed in 
chronological order.  In addition, both date and place of action was to be reflected, if 
recorded on those records available at time of separation.  The theater of operations in 
which the action occurred could also be entered, if the exact location was not shown.

4.  War Department Technical Manual 12-236 (Preparation of Separation Forms), then 
in effect, prescribe the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  This regulation 
establishes standardized policy for the preparation of the separation document.  In 
pertinent part, it states the separation document is a synopsis of the Soldier's most 
recent period of continuous active duty and provides a brief, clear-cut record of active 
Army service at the time of release from active duty, retirement, or discharge.

ABCMR Record of Proceedings (cont)	 AR20180015246

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