| Mr. Carl W. S. Chun | Director | |
| Mr. W. E. Schnupp | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Karen A. Heinz | Member |
APPLICANT REQUESTS: That her late father, the former service member (FSM), be awarded the Purple Heart.
APPLICANT STATES: That the FSM was in the European Theater of Operations during World War II. His record shows that he received wounds in action on 18 September 1944. He was awarded the Bronze Star Medal during his European service but there is no record that he received the Purple Heart, and the applicant believes he is entitled to one.
EVIDENCE OF RECORD: The FSM’s military records show:
He enlisted on 28 November 1940 and served in the European Theater of Operations from April 1944 to July 1945. He returned to the States and was honorably discharged on 23 August 1945. He reentered active duty on 12 January 1948, served overseas tours in Japan, Germany and Korea and was eventually promoted to the grade of staff sergeant. He retired for length of service on 1 October 1973, and died on 30 October 1979.
His awards include the Bronze Star Medal, based on award of the Combat Infantryman Badge, the Combat Infantryman Badge, the Good Conduct Medal with 5 bronze loops, the Presidential Unit Citation, the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the World War II Victory Medal, the Army of Occupation Medal with Germany clasp, the National Defense Service Medal with 1 bronze service star, the Korean Service Medal with 1 bronze service star, the Armed Forces Expeditionary Medal, the United Nations Service Medal and the World War II Honorable Service Lapel Button.
The FSM’s WD AGO Form 53-55, Enlisted Record and Report of Separation, issued at the completion of his World War II service, shows in block 34 (wounds received in action ) “EAME – 18 September 1944.” His record contains another WD AGO Form 53-55 for the same period of service, which contains the notation “corrected copy 21 May 1947” followed by a set of initials. This document contains the entry “None” in block 34.
The record also contains a Medical Department Form 52 (Admission and Disposition Form), which contains the following final diagnosis: 1. Wound contused/multiple, moderately severe, anterior aspect, leg, left. 2. Wound,
lacerated, multiple, moderately severe, anterior aspect, leg, left. 1 and 2 accidentally incurred when vehicle overturned, causing injury, near Nantes, France, 0630, 18 September 1944. The FSM was returned to duty on 7 October 1944.
WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, completed on 22 August 1945 contains no entries by the FSM or the examining physician detailing any wound or injuries incurred in combat.
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.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. There is no evidence of record that shows the FSM sustained a wound in combat that would entitle him to the Purple Heart.
2. In fact, the evidence shows that the injury he suffered on 18 September 1944, was an accidental injury resulting from an overturned vehicle. That injury was incorrectly annotated on the portion of his separation document that is reserved for information pertaining to combat wounds, and gives the impression that he was wounded in combat. However, the corrected copy of the WD AGO Form 53-55, issued on 21 May 1947, rescinded the information in block 34.
3. Accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy, are not considered wounds received in action and do not entitle the individual to the Purple Heart.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___aao __ ___mhm_ ____kah_ DENY APPLICATION
| CASE ID | AR2001060252 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010129 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. 107.00 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090008731
The FSM's service record is not available for the Board's review. Notwithstanding the entry on his WD AGO Form 53-55 for the period ending 31 October 1945, the evidence shows that the FSM was hospitalized on two occasions - once to receive treatment for the gunshot wound he accidentally received and the second time for repair of an inguinal hernia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...
ARMY | BCMR | CY2004 | 20040010985C070208
The applicant, as the son of a deceased former service member (FSM), requests that his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the Purple Heart and the Bronze Star Medal (based on award of the Combat Infantryman Badge). A WD AGO Form 8-38 (Special Examination or Additional Data), dated 12 December 1945, states that on 10 June 1945 in Germany the FSM received a blow on the right forehead and temporal region in a jeep accident and...
ARMY | BCMR | CY2011 | 20110018725
His WD AGO Form 53-55 further shows in: * item 6 (Organization) the entry "Co G, 22nd Infantry, 4th Division" * item 31 (Military Qualification and Date) the entry "Combat Infantryman Badge 1 November 1944" * item 32 (Battles and Campaigns) the: * Campaign of Normandy * Campaign of Belgium * Campaign of Germany * item 33 (Decorations and Citations) the: * Three Bronze Battle Stars * Army Good Conduct Medal * Purple Heart with One Oak Leaf Cluster * European Theater of Operations...
ARMY | BCMR | CY2010 | 20100008803
The applicant states the FSM's discharge document does not show award of the Purple Heart. In addition, the applicant has not provided any medical evidence from the FSM's enlistment period that shows the FSM sustained combat wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the European-African-Middle Eastern Campaign Medal from the FSM's WD AGO Form 53-55 and b. adding the European-African-Middle...
ARMY | BCMR | CY2005 | 20050009002C070206
The applicant, as the son and next of kin of a deceased former service member (FSM), requests correction of his late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart and the Bronze Star Medal with "V" Device. The WD AGO Form 53-55 contained in the FSM’s service personnel records does not show the Purple Heart as an authorized award. The FSM's WD AGO Form 38 does not show that the shrapnel injury was incurred as a result of hostile action.
ARMY | BCMR | CY2002 | 2002082785C070215
The applicant requests, as the widow of the former service member (FSM), that her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was wounded in action, that he was a prisoner of war and that he served in the Glider Division. There are no orders for the Combat Infantryman Badge in the available records; however, the FSM'S WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 745 (rifleman) during World War...
ARMY | BCMR | CY2013 | 20130004986
The applicant, the son of a deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart. Based on award of the Combat Infantryman Badge, the FSM met the eligibility criteria for award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...
ARMY | BCMR | CY2002 | 2002082274C070215
In support of her claim for award of the Purple Heart, the applicant provided two newspaper articles which state that the FSM was wounded in action on 2 November in Germany. Therefore, the FSM's military records should be corrected to show award of the Purple Heart for wounds sustained on 2 November 1944 in the European Theater of Operations. Therefore, the FSM is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2011 | 20110010134
The applicant requests correction of the records of his deceased father, a former service member (FSM), to show battle and campaign credits, wounds received in action, and the Purple Heart. He states the FSM's discharge records do not show the proper entries for being wounded in action or the Purple Heart. The criteria for award of the Purple Heart specify that accidental injuries, unless caused by enemy fire, do not justify the award.
ARMY | BCMR | CY2009 | 20090011656
The applicant, the widow of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal and the Purple Heart. Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, and Army of Occupation Medal. Army Regulation 600-8-22 (Military...