RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2007
      DOCKET NUMBER:  AR20060012730


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 requests that her deceased spouse, a former service
member (FSM), be awarded the Purple Heart.

2.  The applicant states that she believes most or all of the FSM’s records
were destroyed in the [National Personnel Records Center] 1973 fire.

3.  The applicant provides the FSM’s death certificate; their marriage
certificate; an eyewitness statement; and a letter of commendation, dated
25 February 1959.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s complete service personnel records and service medical
records are available.

2.  The FSM enlisted in the Regular Army on 24 October 1950.  He completed
basic training and was awarded military occupational specialty 941.10
(Cook).

3.  The FSM arrived in Korea and was assigned to Company M, 5th Infantry
Regiment on 27 May 1951.

4.  The applicant provided an eyewitness statement, dated 10 December 2001,
from a fellow member of Company M, 5th Infantry Regiment.  This witness
stated that sometime in the summer of 1951, maybe June or July, he
witnessed the FSM being wounded due to enemy action.  The witness stated he
was talking to the FSM when a Chinese artillery round was fired into their
area.  He and the FSM took off running in opposite directions.  He looked
back to see where the FSM was as the first artillery round struck the
ground.  The resulting explosion picked up the FSM and flung him through
the air.  The second artillery round landed harmlessly nearby.  An M
Company medic observed what took place and ran to the aid of the FSM.  The
witness remembers the medic removing the helmet of the FSM, then placing a
bandage on the nose or area of the face of the FSM.  The FSM was then
removed from the area to a location unknown to the witness.

5.  The FSM was hospitalized on or about 30 August 1951 with complaints of
upper abdominal cramps, lower anterior thoracic chest pain and a productive
cough.

6.  The FSM departed Korea on or about 31 May 1952.

7.  On 10 August 1953, the FSM was given a permanent physical profile of
113111 for painful feet with marked callousities over the metatarsal heads,
and osteomyelitis of the right tibia.  He was given activity limitations of
no prolonged walking or standing and to have duties allowing him to get off
his feet from time to time.

8.  On 12 February 1954, the FSM was hospitalized for treatment of an
osteomyelitis-like condition, which first developed about 1943.

9.  In April 1954, the FSM signed a Standard Form 505 (Clinical Record).
Part of this form required a listing of history (occupation history,
military history, habits, family history, childhood illnesses, adult
illnesses, operations, and injuries).  No injuries were listed.

10.  The FSM was assigned to Company B, 2d Battle Group, 4th Infantry,
Germany on 24 May 1958.

11.  The applicant provided a letter of commendation, dated 25 February
1959, in which the FSM was commended for the magnificent service he
rendered during his tour with the unit.  Paragraph 3 of this letter stated
in part, “It is only with the deepest sense of regret that I bid you
“adieu.”  I should never have consented to your transfer if it had not been
the result of a physical incapacity of yours, which was honorably received
on the field of Battle.”

12.  The FSM was reassigned to the 15th Evacuation Hospital, Germany on
    2 March 1959, where he performed duties as a cook.

13.  The FSM retired from active duty on 1 March 1977 in the rank of Master
Sergeant, E-8.

14.  None of the FSM’s several DD Forms 214 (Report of Separation from
Active Duty) show award of the Purple Heart.

15.  The FSM’s name is not listed on the Korean War Casualty Roster.  Item
40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show
he was wounded.

16.  Around March 2001, the FSM wrote to the National Personnel Records
Center requesting issuance of his awards and decorations.  He did not
mention the Purple Heart.

17.  The FSM died on 26 August 2005.

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

DISCUSSION AND CONCLUSIONS:

1.  The statements of individuals are normally inadequate as the sole basis
for an award of the Purple Heart because they do not fulfill the regulatory
requirement that there be a record of medical treatment.

2.  The FSM’s complete service personnel and medical records are available.
 (He was on continuous active duty from 1950 to 1977; therefore, his record
were not stored at the National Personnel Records Center when the 1973 fire
occurred.)  Nowhere is there any record of the FSM being treated for any
wound as a result of enemy action.

3.  The letter of commendation provided by the applicant indicated the FSM
had a “physical incapacity … which was honorably received on the field of
Battle.”  The FSM had been given a physical profile in 1953 for painful
feet and osteomyelitis of the right tibia.  It is reasonable to presume
that such a profile would have led to the FSM being reassigned from an
infantry unit to a garrison unit.  There is no indication, however, that
any “physical incapacity” requiring reassignment from an infantry unit
would have been related to “placing a bandage on the nose or area of the
face” of the FSM.  There is no indication that the “physical incapacity”
was the result of being wounded in action.

4.  The FSM served on active duty for more than 25 years after the
applicant contended he was wounded; yet, there is no evidence that he ever
alluded to being wounded in action.  In April 1954, he signed a document
indicating he had never received any injuries.  Around 2001, he requested
his awards and decorations, but he did not mention the Purple Heart.

5.  Regrettably, there is insufficient evidence on which to grant the
relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__le____  __lmb___  __mjf___  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.




                                  ____Lester Echols_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012730                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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