RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 August 2005
      DOCKET NUMBER:   AR20040009536


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the daughter of a deceased former service member (FSM),
requests correction of her father’s DD Form 214 (Report of Separation from
the Armed Forces of the United States) to show award of the Purple Heart.

2.  The applicant states that the FSM was in receipt of service connected
compensation for a left shoulder condition and wound that was incurred
during active military service.  She is proud of her father’s military
service and wishes to honor his memory.

3.  The applicant provides a copy of the FSM’s Discharge Certificate and
his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The FSM’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 FSM’s
records were lost or destroyed in that fire.  The available records consist
solely of the FSM’s DD Form 214 and hospital admission cards of the Office
of The Surgeon General, commonly referred to as the "SGO Files.  However,
these remaining documents are considered sufficient for the Board to
conduct a fair and impartial review of this case.

2.  The available records show that the FSM enlisted in the Regular Army on
27 December 1950.  He served overseas, in Japan and Korea, for a total of
6 months and 14 days.  The FSM returned to the United States and was
discharged by reason of disability on 17 October 1952.  His DD Form 214
shows that he is entitled to the following awards: the United Nations
Service Medal; the Korean Service Medal with one bronze service star; and,
the Army of Occupation Medal with Japan Clasp.  No other awards or
decorations are listed.

3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the FSM’s DD Form 214, which is
authenticated in his own hand, does not show entitlement to award of the
Purple Heart.  Item 29 (Wounds Received as a Result of Action with Enemy
Forces) of the DD Form 214 contains the entry, "None."

4.  SGO Files show that the FSM was treated in Korea on 9 November 1951 for
a compound fracture of the humerus, upper extremity.  The cause of the
wound is listed as “Accidents in connection with use of own
instrumentalities of war: Explosion of small arms ammunition.”  A
subsequent SGO entry shows that the FSM was treated at Fort Benning,
Georgia in July of 1952 for “contracture of joint.”  The causative agent in
this entry is again “Accidents in connection with use of own
instrumentalities of war: Explosion of small arms ammunition.”  There are
no other SGO entries.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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, and the medical treatment must have been made a matter of
official record.

6.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

7.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DD Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Korean War Service Medal has
been authorized by the Department of the Air Force, the applicant may apply
to the Army Board for Correction of Military Records to add this foreign
award to the FSM’s DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The FSM authenticated his separation document, which does not show
award of the Purple Heart or wounds sustained in action.

2.  SGO Files show that the FSM was injured while in Korea.  However, the
records indicate that he was injured as a result of an accident, not as a
result of hostile action.  There are no medical records that show the FSM
was wounded, or treated for wounds, as a result of hostile action.
3.  There are no orders, or other form of evidence that shows the FSM was
awarded the Purple Heart.

4.  Based on the foregoing, there is insufficient evidence upon which to
base award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___kan__  ___wdp__  ____mt__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____Kathleen A. Newman___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009536                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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