2. The applicant requests, in effect, that his record be corrected to reflect that he was awarded the Bronze Star Medal (BSM), the Purple Heart, and the Silver Star for service in World War II. (He has submitted three applications, each one differs regarding the numbers of the indicated awards he wishes added to his records.)
3. He states that he was wounded in combat in Italy and was recommended for the Silver Star by his company commander but never received the award. In support of his request, he provides affidavits from two former members of his unit in World War II attesting to the fact that he was wounded in action. He also includes a copy of a letter from his company commander at the time (undated, but apparently circa 1944), recommending him for the Silver Star and a letter from another officer recommending him for a cluster to his BSM.
4. The applicants counsel contends that he has presented clear and convincing evidence of his injury in combat for which he should receive the Purple Heart and that the documentation he provides warrants the Silver Star as well.
5. The applicant's military records show that he entered active duty from the Minnesota National Guard on 6 January 1941 and served 2 years, 9 months and 8 days in the European-African-Middle Eastern Theater of Operations. He was honorably discharged as a staff sergeant on 9 July 1945.
6. His WD AGO Form 53-55, Enlisted Record and Report of Separation, shows that he was awarded the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal and the Combat Infantryman Badge. There are no entries indicating that he was awarded the BSM, Purple Heart or the Silver Star.
7. After reviewing his application, the US Army Reserve Personnel Center (ARPERCEN) determined that he had been awarded the BSM by the Office of the Adjutant General on 26 June 1951, additionally they found he was also entitled to the American Defense Service Medal and the World War II Victory Medal. He was notified of these additional awards entitlements via DD Form 215, Correction to WD AGO Form 53-55, on 2 January 1996.
8. His WD AGO Form 53-55 contains the entry none in the block designated for wounds received in action. His medical records do not show that he was wounded in combat. They do show, however, that he was treated for other reasons such as defective hearing, low back pain, bullet hole in the right hand (existed prior to service), urethritis and that he was examined and received further treatment for deafness and lumbar spine pain.
9. The affidavits submitted with his application, together with his own statement, indicate that he was injured as a result of hostile action at the Frigido River in Italy. At that time, an exploding enemy shell knocked him down a hill injuring his back and head. He was subsequently treated by the Army for low back pain and years later, by the VA, for back pain and headaches which may have been a manifestation of that injury.
10. The recommendation for the Silver Star was prepared in letter format by his company commander at the time. It is undated and, therefore, not known when it was actually prepared. Furthermore, there is no indication that it was forwarded to any higher headquarters for action. The applicant also provides a letter in which he is recommended for a cluster to the BSM. This recommendation was submitted by a lieutenant from a sister company in his regiment. The recommendation does not make clear exactly what it was for, but it too has no date or endorsements to show that it was forwarded through the chain of command for further consideration.
11. In an advisory opinion to this Board, the ARPERCEN recommends that the applicants request for the Purple Heart and the Silver Star be denied on the basis that no error or injustice can be documented.
12. 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 required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
13. The same regulation provides that the Silver Star is awarded to a person who, while serving in any capacity with the Army, is cited for gallantry in action against an enemy of the US while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly forces engaged in armed conflict against an opposing armed force in which the US is not a belligerent party.
14. Army Regulation 600-45, Decorations, dated November 1944, provided in part, that the Silver Star may be awarded by any separate force operating outside the continental US when commanded by a major general or officer of higher grade.
CONCLUSIONS:
1. The applicants record was corrected by the ARPERCEN to reflect award of the BSM; however, there is no evidence that he should be awarded an oak leaf cluster to the BSM.
2. Based on the regulation in effect at the time, approval authority for the Silver Star was vested in a commander in the grade of major general or higher. In the absence of evidence that the recommendation prepared by the company commander was approved by the appropriate authority, and lacking any corroboration of the events described therein, this Board is reluctant to approve an award of the Silver Star.
3. Notwithstanding the foregoing determinations, and after considering the ARPERCENS recommendation regarding the Purple Heart, the Board believes that the affidavits submitted by the applicant tend to support a conclusion that he should be awarded the Purple Heart. Again, however, there is no evidence to indicate that he should receive more than one award of the Purple Heart.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained in Italy during World War II.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
_________________________
CHAIRPERSON
ARMY | BCMR | CY2010 | 20100010461
A review of hospital admission data in the SGO files did not reveal any records indicating the FSM received a shrapnel wound to his knee or that he was otherwise wounded as a result of enemy action. The newspaper clipping shows the FSM was entitled to wear the insignia for the Meritorious Service Unit Plaque (later renamed the Meritorious Unit Commendation (MUC)) and was awarded the Army Good Conduct Medal, Purple Heart, Combat Infantryman Badge, and five battle stars. The applicant's...
ARMY | BCMR | CY2010 | 20100007578
Army medical records from 1941 show the date he was wounded in action as 14 October 1943 and not 18 September 1943 as shown on his WD AGO Form 53-55. There are no general orders in the available records that show award of the Silver Star. The applicant contends that her father's WD AGO Form 53-55 should be corrected to show the Silver Star, his rank as a S/Sgt, and the date wounded as 14 October 1943.
ARMY | BCMR | CY2014 | 20140009781
The applicant, the daughter of a deceased former service member (FSM), requests correction of his records to show award of the: * Purple Heart * Prisoner of War Medal 2. Although the FSM's military records were destroyed by fire, sufficient Army records show he was wounded by enemy action and treated; therefore, he is entitled to award of the Purple Heart for injuries incurred on 10 December 1944 and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2003 | 2003084005C070212
The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show that he was awarded the Purple Heart. Information obtained from Hospital Admission Cards created by The Office of The Surgeon General (OTSG), 1942-1945, shows that, on 7 July 1944, he received a shrapnel wound to his finger and was evacuated and, ultimately, "invalided" back to the United States and separated. That all of the Department of the Army records...
ARMY | BCMR | CY1996 | 9607966C070209
APPLICANT REQUESTS: That his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to reflect that he was awarded the Purple Heart for wounds received in World War II. 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. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable...
ARMY | BCMR | CY2003 | 2003084311C070212
The applicant's WD AGO Form 53-55 shows the Bronze Star Medal and the Combat Medical Badge as authorized awards. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY2009 | 20090013059
Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090010924
The applicant states that she hopes there is a record of the FSM being awarded the SS because he did earn it and receive it. Given hospital commanders had the authority to award the PH for wounds received in action, this also could possibly be the award the applicant believes the FSM was awarded and for which he received a certificate while in the hospital. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY2009 | 20090013940
The applicant requests correction of his record to show award of the Combat Infantryman Badge (CIB) and, in effect, award of the Prisoner of War (POW) Medal. Therefore, his records should be corrected to show award of the POW Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart with one oak leaf cluster, the CIB, the BSM based on the CIB, and the POW Medal; b. adding to item...
ARMY | BCMR | CY2008 | 20080016171
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Silver Star. The extract of a journal provided by the applicant that lists his name as a recipient of the Silver Star was noted; however, it is insufficient by itself to show the applicant was awarded the Silver Star. Furthermore, there is no evidence in the available record and the applicant did not submit any substantiating evidence that shows the...