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ARMY | BCMR | CY2011 | 20110003625
Original file (20110003625.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003625 


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

2.  The applicant states she wants to display the Purple Heart on the FSM's grave marker.  She states all of the FSM's records were destroyed by fire and proof of this award cannot be located.

3.  The applicant provides:

* the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States)
* the FSM's death certificate
* an excerpt from "The Iron Triangle" written by Edward A Bicknell

CONSIDERATION OF EVIDENCE:

1.  The FSM's military service 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 his records may have been lost or destroyed in that fire.  The only document available in this case is the FSM’s DD Form 214.

2.  His DD Form 214 shows he was inducted and entered active duty on 
10 January 1951.  During his period of service he served 1 year and 9 days foreign and/or sea service.
3.  He was awarded or was authorized the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, and 1 Overseas Service Bar.

4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry: None.

5.  On 21 November 1952, he was released from active duty.

6.  The FSM's name is not listed on the Korean War Casualty Roster.

7.  In the excerpt from "The Iron Triangle" written by Edward A Bicknell the author stated:

* the FSM was on guard duty at the railhead, adjacent to the ammunition factory
* A lot of the battalion's equipment had been loaded on the rail cars when the factory blew up
* as far as he knew the "piece of shrapnel, which is still embedded in my forehead, caused the only personnel injury"

8.  The FSM died on 3 January 2011.

9.  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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's military service records were not available for review.  Item 29 of his DD Form 214 did not show that he was wounded as a result of action with enemy forces.

2.  In the excerpt from "The Iron Triangle," the author appears to be describing the events of a factory blowing up.  There is no indication of the cause of the factor blowing up.

3.  In the absence of military records which show that the FSM was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  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 for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her husband in service to our Nation.  The applicant and all Americans should be justifiably proud of her husband's service in arms.



      _______ _   __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)                                         AR20110003625



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ABCMR Record of Proceedings (cont)                                         AR20110003625



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