IN THE CASE OF:	

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110001423


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 widow of a deceased former service member (FSM), requests award of the Purple Heart (PH) for her husband.

2.  The applicant states the FSM was severely injured in action while serving with the 187th Airborne in Wonju, Korea on 15 February 1951 and he was not awarded the PH.

3.  The applicant provides the following documents:

* the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States)
* E-mail communication (3 pages)
* her letter of support
* a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)

CONSIDERATION OF EVIDENCE:

1.  The FSM's complete 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 (NPRC) in 1973.  The NPRC indicates the FSM's record was among those recovered; however, it was damaged in the fire.  This case is being considered using a reconstructed record.

2.  The FSM's reconstructed record shows he enlisted in the Regular Army on 2 August 1948.  

3.  His DA Form 24 (Service Record) shows in Section 14 (Service Outside Continental United States) that he served in Korea from 24 September 1950 to 25 August 1951.

4.  The FSM's reconstructed record contains the following three documents:

	a.  WD AGO Form 365-1 (Battle Casualty Report), dated 14 December 1950. This form shows the he was slightly wounded in action in Korea on 2 December 1950.

	b.  WD AGO Form 365-1, dated 9 January 1951.  This form shows he was accidentally wounded (non-battle) on 2 December 1950 and not slightly wounded in action as previously reported.

	c.  WD AGO Form 51 (Report of Investigation), dated 29 January 1951.  This form shows that on 2 December 1950, while engaged in cleaning his weapon, the FSM picked up his pistol with his left hand when it fired, hitting him on the right hand along the knuckles.

5.  The FSM's reconstructed record contains no orders or other documents showing he was ever recommended for or awarded the PH by proper authority.

6.  On 6 June 1952, the FSM was honorably discharged from active duty in the rank of corporal having completed 3 years, 10 months, and 5 days of creditable active service.  

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 the FSM was issued at the time does not list the PH.  Additionally, Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None."

8.  The three-page email provided by the applicant identifies Soldiers who were assigned to the FSM's unit in Korea.  However, it does not mention the FSM.

9.  The letter of support provided by the applicant states her husband was severely injured in action on 2 February 1951, but it does not provide any specifics about the circumstances of his injury or whether he required and received medical treatment.  The handwritten internet address annotated at the bottom of the page, which supposedly provides proof of the injury, cannot be accessed.
10.  The VA Form 21-4138 provided by the applicant is a claim for an increase of the FSM's VA benefit due to a service-connected post traumatic stress disorder. 

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that a record of the medical treatment was made a matter of official record.  

12.  The PH guidance contained in the awards regulation further states that accidents, to include accidental wounding, not related to or caused by enemy action clearly do not qualify for award of the PH.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her husband was severely wounded in action on 15 February 1951 while serving in Korea warranting award of the PH.  However, there is insufficient evidence to support this claim.

2.  The evidence of record specifically indicates the FSM accidentally wounded himself in December 1950 when he shot himself in the right hand while engaged in cleaning his weapon.  This confirms his wounding was accidental.  There is no evidence to show that the FSM or his unit was actively engaged in combat with the enemy at the time of his accidental wounding, nor is there evidence showing his weapon was fired with the intent to inflict damage or destroy enemy troops.  Lacking such evidence, there is no basis to conclude the applicant’s wounding was the result of enemy action.

3.  There is no evidence of record and the applicant provides insufficient evidence to show the FSM was wounded in action I February 1951.

4.  Absent any evidence confirming the FSM was ever wounded in action as a direct result of enemy action, or recommended for or awarded the PH by proper authority while serving on active duty, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  As a result, it would not be appropriate to support granting the requested relief.

5.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by her late husband in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X____________
               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)                                         AR20110001423



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ABCMR Record of Proceedings (cont)                                         AR20110001423



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