IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110006134 


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 posthumous award of the Purple Heart to her husband.

2.  The applicant states the FSM was wounded in combat on 4 January 1952 in Korea, but he never received the Purple Heart.

3.  The applicant provides:

* an FEC AGO Form Number 241A-1 (Casualty (or Nonbattle) Report), dated 9 January 1952
* the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 December 1969
* a letter from the Department of Veterans Affairs, National Cemetery Administration, Clarksville, TN, dated 27 January 2011
* the FSM's Certificate of Death
* their Marriage License

CONSIDERATION OF EVIDENCE:

1.  The FSM had prior honorable active duty enlisted service in the Army from
5 October 1946 through 3 February 1948 and from 12 July 1948 through
11 April 1949.

2.  The FSM enlisted in the Regular Army (RA) on 15 September 1950.  He reenlisted on:
* 4 May 1951 for 6 years
* 4 May 1957 for 6 years
* 4 May 1963 for 3 years
* 4 May 1966 for 3 years

3.  The FSM's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in:

* Korea from 24 October 1951 through 14 November 1952
* Iran from 11 March 1959 through 12 March 1960
* Hawaii from 26 September 1966 through 5 December 1967
* Vietnam from 6 December 1967 through 4 December 1968

	b.  item 40 (Wounds) no entry (blank); and

	c.  item 41 (Awards and Decorations) and item 45 (Item Continuation) no entry of the Purple Heart.

4.  An "Initial" FEC AGO Form 241A-1, prepared on 9 January 1952, shows the FSM was "slightly wounded in action by shell fragment wound penetrating right foot while on patrol in the vicinity of Sangasan, North Korea, on 4 January 1952."

5.  An AGO Form 0365 (Battle Casualty Report), dated 16 January 1952, shows a telegram was sent to the FSM's parents on 16 January 1952 notifying them that the FSM was wounded in action in Korea on 4 January 1952.

6.  A "Supplemental" FEC AGO Form 241A-1, prepared on 21 January 1952, shows the FSM was "erroneously reported as being slightly wounded in action on 4 January 1952, but [FSM] was never abscence [sic] from duty, and is therefor [sic] present for duty at this time."

7.  A letter from the FSM's mother to Major General (MG) Bergin, dated 
22 January 1952, shows she wrote, "I received a telegram on the 16th of January which stated that my son, Sgt [FSM's name], was wounded in action in Korea on the 4th day of January.  I would appreciate it if you would recheck this report because I have received letters from him written from the 4th to the 15th of Jan and he has never mentioned being wounded.  Please recheck and notify me."

8.  An AGO Form 0365, dated 25 January 1952, shows a telegram was sent       to the FSM's parents on 25 January 1952 notifying them that the FSM "was      not wounded in action on 4 January 1952 as previously reported" and that       MG William E. Bergin, The Adjutant General of the Army (TAG), expressed his regret for the anxiety the FSM's parents suffered due to the previous report.

9.  The FSM's record contains a copy of his mother's letter to MG Bergin with the stamped notation, "No action necessary in view of telegram dated
25 Jan 52."

10.  The FSM's DD Form 214 for the period ending 3 May 1957 shows he was honorably discharged at the expiration of his term of service.

	a.  He completed 6 years of net service this period, including 1 year and 21 days of foreign service [in Korea].

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.

11.  Review of the FSM's military personnel record failed to reveal any evidence that show he was authorized or awarded the Purple Heart.

12.  Review of the Korean casualty does not show the FSM's name as a casualty.

13.  Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's record should be corrected to show award of the Purple Heart because he was wounded in action in Korea on 4 January 1952.

2.  The sincerity of the applicant's claim is not in question; however, the evidence of record shows the FSM was erroneously reported as having been wounded in action in Korea on 4 January 1952.  It also shows the FSM's parents were notified of the erroneous casualty reporting on 25 January 1952.


3.  There is no evidence the FSM was wounded in action in Korea or at any other time during his active service.  In addition, there is no record of medical treatment of a wound or injury, which is necessary to satisfy the strict requirement for award of the Purple Heart.

4.  The FSM's name is not listed on the Korea casualty listing or any other casualty listing.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

6.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by the FSM 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)                                         AR20110006134



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ABCMR Record of Proceedings (cont)                                         AR20110006134



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