IN THE CASE OF:	  

		BOARD DATE:	        05 AUGUST 2008

		DOCKET NUMBER:  AR20080005946 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the son of a former service member (FSM), requests, in effect, that his request that his father be awarded the Purple Heart be reconsidered.

2.  The applicant essentially states that he is submitting additional evidence from two eyewitnesses who served with his father in Korea.

3.  The applicant provides a self-authored letter, dated 28 March 2008; a self-authored letter, dated 26 March 2008, which was addressed to a Member of Congress; a letter, dated 11 July 2007, from the Army Board for Correction of Military Records (ABCMR) which informed him that his original application was denied; a three-page, undated and unsigned letter from a person named J_____ D_____; a self-authored letter, dated 26 April 2008, which was addressed to the same Member of Congress; and a nine-page, undated and unsigned letter, which does not appear to be complete, from a person named L__ A. W______ in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070001120, on 3 July 2007.



2.  The applicant provided, in pertinent part, a three-page, undated and unsigned letter from a person named J_____ D_____, which appears to have been written with the intent of being incorporated into some type of book.  This letter essentially stated, in pertinent part, that while being hit hard by the enemy, the FSM, who was a medic, was running everywhere doing for everybody.  He also stated that the FSM came to where he was and dug him out, never once thinking of himself and always helping others.  He further stated, in effect, that he saw the applicant running from one spot to another, and that he saw him hop a little, and that he knew the FSM was hit, but that the FSM kept going and doing what he could.  

3.  The applicant also provided a nine-page, undated and unsigned letter, which does not appear to be complete, from a person named L__ A. W______.  Essentially, this letter described the FSM's unit at a location nick-named "the Bowling Alley," and although it mentioned the FSM by name, it only did so in the context that the FSM assisted with caring for one of the wounded.  The author of this letter also stated, in pertinent part, that to his recollection, out of eight individuals that were on the back of a truck, five of them were hit with shrapnel.  This letter does not state or imply that the FSM was one of the five wounded, and the author of this letter actually named the five Soldiers he says were wounded at the Bowling Alley on 17 September 1950; none of which were the FSM.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by military medical personnel; and the record of medical treatment must have been made a matter of official Army records.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the 
Secretary of the Army, acting through the ABCMR.  This regulation provides that 
the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant was carefully considered.  However, in order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The two third-party letters, both of which are undated and unsigned, were considered nonetheless.  However, one of these letters only states that he saw the FSM hop a little while running from one spot to another, and the other letter does not even state or imply that the FSM was wounded in action.  As a result, these letters, which are now approximately 57 years after the fact, do not begin to approach the threshold of proving, by a preponderance of the evidence, that the FSM was wounded in action.  Regrettably, absent evidence which conclusively shows that the FSM was wounded or injured as a result of hostile action, that he was treated by medical personnel at the time for wounds or injuries received as a result of hostile action, and that this medical treatment was made a matter of official record, there is insufficient basis upon which to award the Purple Heart to the FSM in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20070001120, dated 3 July 2007.

2.  While the Board regrets that a more favorable response could not be accomplished, it wishes to thank the applicant's father for the sacrifices he made in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        XXX                ___
                CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080005946



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ABCMR Record of Proceedings (cont)                                         AR20080005946



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