IN THE CASE OF: BOARD DATE: 9 July 2020 DOCKET NUMBER: AR20200000565 APPLICANT REQUESTS: the applicant, the spouse 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 add the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * a newspaper clipping * Certificate of Death FACTS: 1. The FSM's complete military record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his DD Form 214 and information obtained from the National Archives and Records Administration. 2. The Board will not consider the following awards as they will be addressed through administrative correction: * Korean War Service Medal (KWSM) * National Defense Service Medal (NDSM) * 2 Republic of Korea Presidential Unit Citations (ROKPUC) 3. The FSM was inducted into the Army of the United States on 27 February 1951. 4. The FSM served in Korea with Company D, 5th Infantry Regiment. 5. The FSM was honorably released from active duty on 15 December 1952. The DD Form 214 he received shows he served 1 year and 9 months of net active service with 5 months and 1 day of foreign service. He was awarded or authorized the Korea Service Medal with 1 bronze service star and the Combat Infantryman Badge. This form further shows he held an infantry specialty at the time of separation. 6. Item 29 (Wounds Received as a Result of Action With Enemy Forces) of his DD Form 214 states, “None.” 7. There are no orders in the FSM's records to show he was awarded the Purple Heart. 8. The FSM's name appears on the U.S. National Archives and Records Administration Korean War Casualty File. This roster shows the FSM was wounded on 21 October 1951, while in the North Korea sector and he was subsequently returned to duty. 9. Information from hospital administration cards created by the Office of the Surgeon General, Department of the Army, notes the FSM was wounded by small arms fire as the result of action against or by an organized enemy in Korea on 21 October 1951. 10. The applicant provides a copy of a newspaper clipping dated 18 November 1951, that states the FSM was wounded in Korea on 21 October 1951. His mother received a telegram from the government and a letter received from the FSM stated he was in a hospital in Japan and improving. 11. 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of the FSM’s record shows he was wounded in action; however, there is no record showing he was awarded the Purple Heart. The Board agreed there is sufficient evidence that shows he is entitled to the Purple Heart. The Board also agreed he was in action that day as an infantryman in an infantry unit. Therefore, he should also be awarded the Combat Infantryman Badge. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: a. awarding him the Purple Heart for wounds received in action on 21 October 1951: b. awarding him the Combat Infantryman Badge for engaging the enemy on 21 October 1951; and c. adding the Purple Heart and Combat Infantryman Badge to his DD Form 214. 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): The following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 15 December 1952, without action by the Board: a. Department of the Army (DA) General Orders (GO) Number 49, dated 1956, awarded him the ROKPUC, for his service with the 5th Infantry Regiment. b. DAGO Number 41, dated 1955, awarded him the ROKPUC, for his service with the 5th Infantry Regiment. c. Army Regulation 600-8-22 (Military Awards), paragraphs 2-10 and 9-17, awards him the NDSM and KWSM, respectively. d. add the following awards to item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 December 1952: * 2 ROKPUCs * NDSM * KWSM REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the service member's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. 2. Army Regulation 600-8-22 further states: a. The NDSM 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. Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM. b. The KWSM is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. 3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to a unit during a period of time the unit was awarded the ROKPUC by DAGO Numbers 49, dated 1954, and 41 dated 1955. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000565 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1