RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070003633 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine R. Moya

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, as the daughter of the former service member (FSM), reconsideration to correct item 6 (Organization) and item  
34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation).

2.  The applicant states, in effect, that a copy of the FSM's Adjusted Service Rating Card was obviously misplaced and the Adjusted Service Rating Card has information that can prove the FSM was injured.  The applicant also states that her counsel wasn't notified or included in the Board's hearing.

3.  The applicant provides a copy of the FSM's Adjusted Service Rating Card and a copy of a note purportedly written by the FSM to his wife in which the FSM spoke of pain on both sides of his chest, and sharp pain around his heart as a result of being jarred up badly when a shell exploded beside the FSM while he was on the front lines.  Also, the note states that the FSM was having some kind of infection of his feet that he never had before.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060008528, on 17 January 2007.

2.  In the original decision the ABCMR found that there was no evidence to show that the FSM was wounded or treated for wounds as a result of hostile action during World War II, or to show that he received or sustained an injury by an instrumentality of war during World War II.

3.  The applicant has provided new evidence, which requires that the FSM's case be reconsidered by the ABCMR.

4.  The applicant provides the FSM's Adjusted Service Rating Card as evidence to show that he was injured during World War II.  However, the Adjusted Service Rating Card only shows the FSM's service credit, oversea credit, combat credit, and parenthood credit.  There is no entry that indicates the FSM sustained an injury during World War II.



5.  The Adjusted Service Rating Card does show the FSM's unit of assignment at the time the card was prepared to be Company A, 351st Engineer Regiment.  However, the last organization recorded in item 6 (Organization) of the FSM's WD AGO Form 53-55 upon separation was Company B, 11th Engineer Combat Battalion.

6.  The note purported written by the FSM does not state that he was wounded nor does it state the date and time of the injury.  This note specifically states that he was jarred up badly.  

7.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

8.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55, Organization, be completed as follows:  “Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.   Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity.

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted (the Adjusted Service Rating Card and the written note) by the applicant clearly does not show the FSM was wounded and treated for wounds by a medical officer.  Many Soldiers are shook up or jarred in combat. Unless the jarring is of the severity to require treatment by a medical officer (such as a ruptured eardrum or closed head trauma), jarring does not warrant the award of the Purple Heart.  As such, the new evidence is not sufficient to correct item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55.

2.  However, the Adjusted Service Rating Card does show that the FSM was assigned to Company A, 351st Engineer Regiment while he was in the European Theater of Operation.  As such, in accordance with regulations in effect at the time, he is entitled to correction of his records to show assignment to this unit.



3.  As for the applicant’s concern about her counsel not being notified or included in the Board’s original consideration of her case, the Board did not vote to have a formal hearing.  As such, the applicant’s counsel was not entitled to attend the Board’s deliberation of the case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___cvm__  ____ded_  ____erm   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20060008528, dated 17 January 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing Company A, 351st Engineer Regiment in item 6 (Organization) of his WD AGO Form 53-55.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55.




___________Conrad V. Meyer______
          CHAIRPERSON




INDEX

CASE ID
AR20070003633
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070821
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.