ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    11 April 2019

	DOCKET NUMBER:  AR20160019193


APPLICANT REQUESTS:  the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record), dated15 October 2016
* DD Form 149, dated 8 March 2017
* Hospital Admission slip, dated10 March 1951
* SF Form 88 (Report of Medical Examination), dated 28 November 1953
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Death Certificate

FACTS:

1.  The applicant, the widow of a deceased former service member (FSM), states the FSM was injured by enemy fire and was hospitalized for 3 days in Korea in 1952.  He never received the Purple Heart.  The FSM refused the Purple Heart at the time because he did not want his mother to be frightened or worried if was notified he had received the Purple Heart.  

2.  The FSM completed an application to the Board, dated 15 October 2016, in which he described the circumstances described by the applicant and stated there should be a medical record of his treatment.  He stated he does not have a record.  

3. The FSM’s complete 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 remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  The FSM’s DD Form 214 shows he served in the Regular Army from 26 July 1950 to 29 November 1953.  The DD Form 214 confirms he served in Korea.  The DD Form 214 shows in:

* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – no entry for the Purple Heart 
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) – “none”  

5.  A Report of Medical Examination dated 28 November 1953 shows in item 73 (Notes) he was hospitalized in the 32nd Field Hospital, Korea, for 3 days for a lacerated sole in his left foot.  A handwritten note on the form states the FSM has stated the entry should show the injury was to his right foot.  The form does not identify the cause of the injury.  

6.  His name does not appear on the Korean Casualty Roster.  

7.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the medical record provided not showing the cause of the injury and the Purple Heart requiring that the cause of injury be as a result of enemy action, the Board concluded there was insufficient evidence to grant the applicant’s request.  

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.




REFERENCES:

Army Regulation 600-8-22 (Military Awards) states 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.

ABCMR Record of Proceedings (cont)	 AR20160019193
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