ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  2 December 2020

	DOCKET NUMBER:  AR20190008030


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) to show award of the Purple Heart and issuance 
of a Purple Heart Certificate and medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 17 April 2019
*	DD Form 214

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 he was shot in Korea on 13 June 1951 and he received the 
Purple Heart, but the medal is not shown on his DD Form 214.  

3.  The applicant's 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 applicant'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.

4.  The applicant's records contain sufficient evidence to support additional awards not 
shown on his DD Form 214.  His DD Form 214 for the period ending 
10 September 1953, will be administratively corrected without Board action to show 
award of the National Defense Service Medal and Republic of Korea Presidential Unit 
Citation.

5.  The Board will consider the applicant's request for award of the Purple Heart.

6.  Review of the applicant's available records (DD Form 214 and National Archives) 
shows: 

   a.  He enlisted in the Regular Army and entered enlisted on 11 September 1950.  At 
the time of his separation: 

*	He held military occupation specialty 1745 (Light Weapons Infantryman)
*	His most significant assignment was Company I, 32nd Infantry Regiment, 
7th Division (Korea)

   b.  On 10 September 1953, he was honorably released from active duty.  His  
DD Form 214 shows he completed 3 years of active service, of which 1 year, 7 months, 
and 20 days was foreign service.  It also shows in: 

		(1)  Block 27 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) – 

*	Combat Infantryman Badge
*	Army Good Conduct Medal
*	Korean Service Medal with two bronze service stars
*	Army of Occupation Medal (Germany)
*	Distinguished Unit Citation (later named the Presidential Unit Citation)

*	Block 29 (Wounds Received as a Result of Action with Enemy Forces) – 
"PLACE UNKNOWN" and "GSW [gunshot wound] RIGHT SHOULDER 
13 JUNE 51."

7.  The U.S. National Archives and Records Administration Korean War Casualty File 
for the period 13 February 1950 to 31 December 1953 shows he was seriously 
wounded in action by missile on 13 June 1951 in the North Korea Sector.

8.  By regulation (AR 600-8-22), the criteria for an award of the Purple Heart requires 
the submission of substantiating evidence to verify:

*	the injury/wound was the result of hostile action
*	the injury/wound must have required treatment by personnel
*	the medical treatment must have been made a matter of official record

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The Board carefully considered the applicant’s request, supporting 
documents, evidence in the records and regulatory guidance.  The Board considered 
the applicant’s statement, his record of service and documents provided by the 
applicant.  Evidence in the record show the applicant was seriously wounded in action 
by missile on 13 June 1951 in the North Korea Sector.  The Board determined, based 
on regulatory guidance the applicant met the criteria for award of the Purple Heart.  The 
Board found sufficient evidence to grant relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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 amending his DD Form 
214 for the period ending 10 September 1953 by adding 

*	in block 27 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons) – Purple Heart

	  
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):

A review of the applicant's records shows he is authorized additional awards not 
annotated on his DD Form 214.  As a result, amend his DD Form 214 by adding:

*	National Defense Service Medal 
*	Republic of Korea Presidential Unit Citation.

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 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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  A wound is defined as an injury to any part of the body from an outside force or 
agent sustained under one or more of the conditions listed above.  A physical lesion is 
not required.  However, the wound for which the award is made must have required 
treatment, not merely examination, by a medical officer.  Additionally, treatment of the 
wound will be documented in the Service member’s medical and/or health record.  
Award of the Purple Heart may be made for wounds treated by a medical professional 
other than a medical officer, provided a medical officer includes a statement in the 
Service member’s medical record that the extent of the wounds was such that they 
would have required treatment by a medical officer if one had been available to treat 
them.

	c.  When contemplating an award of the Purple Heart, the key issue that 
commanders must take into consideration is the degree to which the enemy caused the 
injury.  The fact that the proposed recipient was participating in direct or indirect combat 
operations is a necessary prerequisite, but is not the sole justification for award.

	d.  Examples of injuries or wounds that clearly do not justify award of the Purple 
Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI or 
concussions that do not either result in 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.

3.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service 
Medal 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. 

4.  Department of the Army General Orders Number 50, dated 1971, awarded the 
7th Infantry Division the Republic of Korea Presidential Unit Citation for service from 
17 September 1950 to 27 March 1971 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190008030
	
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