RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060010179 


	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.


x

	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, as the widow of a deceased former service member (FSM), requests, in effect, that her husband’s records be corrected to show he was wounded and to show award of the Purple Heart for wounds he received during World War II.  

2.  The applicant states that her husband was wounded in the Battle of the Bulge and all of his buddies around him were killed.  She states the FSM was taken to Valley Forge Military Hospital in Phoenixville, Pennsylvania.

3.  The applicant provides a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); the FSM’s Honorable Discharge Certificate; a letter from the National Personnel Records Center; the FSM’s Certificate of Death; the FSM’s social security card; his daughter’s Certificate of Birth; a Certificate of Disability for Discharge; and the FSM’s Veteran’s Application for Pension or Compensation.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

2.  The FSM enlisted in the Army on 11 October 1940.  He served in the Canal Zone from 12 November 1940 to 20 August 1943.  He also served in the European-African-Middle Eastern Theater of Operations from 10 May 1944 to 22 March 1945.

3.  A board of medical officers met on 8 July 1946.  The board found the FSM unfit for military service because of a compound fracture, comminuted, 4th and 5th left metacarpal [a bone of the part of the hand or forefoot] he accidentally incurred when his rifle discharged while jumping in a foxhole, in action, on 4 January 1945 near Bastogne, Belgium.  In addition, the FSM had lacerated tendons, extensor to the 4th and 5th finger and flexor to the 5th left finger.

4.  The FSM was honorably discharged on 11 July 1946 under the provisions of Army Regulation 615-361 with a Certificate of Disability for Discharge.  He completed 1 year, 11 months, and 27 days of continental service and 3 years, 9 months, and 4 days of foreign service. 
5.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry "None."

6.  The FSM’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Defense Service Medal, the World War II Victory Medal, the Combat Infantryman Badge, and the Glider Badge as authorized awards.

7.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various Veterans service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  These records show the FSM sustained a battle injury on 4 January 1945 in the European-African-Middle Eastern Theater of Operations.  His injury was described as a compound fracture, comminuted with no nerve or artery involvement caused by a bullet from a rifle.

8.  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, and the medical treatment must have been made a matter of official record.  The regulation states the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.
10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  Although the “SGO Files” indicate the FSM sustained a battle injury on 4 January 1945 in the European-African-Middle Eastern Theater of Operations, the medical board proceedings show the FSM sustained a compound fracture when his rifle “accidentally” discharged.

2.  The Military Awards regulation states the fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award of the Purple Heart.  The degree to which the enemy caused the injury must be considered.  It appears the FSM’s commander decided the degree to which the enemy caused his injuries was insufficient to justify award of the Purple Heart.  Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart.  

3.  The FSM was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal.  

4.  The FSM served a period of qualifying service for award of the American Campaign Medal.  Therefore, this award should be added to his discharge document.

5.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x_____  x______  x______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the American Campaign Medal to his WD AGO Form 53-55.




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          CHAIRPERSON




INDEX

CASE ID
AR20060010179
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015
2.
100.0000
3.

4.

5.

6.