IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20100029416 


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 that his father, a deceased former service member (FSM), be awarded the Purple Heart (First Oak Leaf Cluster).

2.  The applicant states:

* he was told that the FSM's original records were destroyed in a fire
* when he was a child the FSM showed him two Purple Hearts that he received as a result of being wounded in action during the Battle of the Bulge
* the FSM told him he was decorated by the French
* the FSM was a member of the 28th Infantry Division at Omaha Beach

3.  The applicant provides:

* Standard Certificate of Live Birth
* the FSM's Certificate of Death
* the FSM's WD AGO Form 53-55 (Army of the United States Honorable Discharge)

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

2.  The FSM was inducted into the Army on 18 November 1941.  He completed training as an automotive mechanic.

3.  On 7 August 1945, he was honorably discharged for the convenience of the government.  Item 32 (Battles and Campaigns) on the WD AGO Form 53-55 he received shows the followings awards:

* Good Conduct Medal
* American Defense Service Medal
* European-African-Middle Eastern Campaign Medal
* Combat Infantryman Badge
* Army Lapel Button

4.  Item 34 (Wounds Received in Action) on the FSM's WD AGO Form 53-55 shows "None."

5.  On 15 February 2010, the applicant was mailed the following awards on behalf of the FSM:

* Bronze Star Medal
* Army Good Conduct Medal
* American Defense Service Medal
* European-African-Middle Eastern Campaign Medal with 1 silver service star
* World War II Victory Medal
* Combat Infantryman Badge (First Award)
* Honorable Service Lapel Button, World War II

6.  The available records do not show that the FSM was wounded while in action or as a result of hostile action while he was in the Army.

7.  Army Regulation 600-8-22 (Military Awards) states 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's contentions have been noted.  The evidence he submitted has been considered.

2.  There is no evidence in the available record, nor has the applicant's submitted sufficient evidence to show that the FSM was wounded while in action or as a result of hostile action while he was in the Army.

3.  Item 34 on his WD AGO Form 53-55 shows he was not wounded in action.  In the absence of evidence to the contrary, must be presumed that the entry made in item 34 is correct.

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20100029416



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ABCMR Record of Proceedings (cont)                                         AR20100029416



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