RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2007
DOCKET NUMBER: AR20070010779
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. John G. Heck
Member
Mr. Qawiy A. Sabree
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, as the widow of a deceased former service member (FSM), requests that the FSM be awarded the Purple Heart.
2. The applicant states that the FSM was told in the hospital that he was eligible for the Purple Heart, but he never got it.
3. The applicant provides a personal statement; a newspaper article; the FSMs WD AGO Form 0857 (Officer Qualifications Record); a Certificate of Service; a copy of their marriage certificate; copies of their birth certificates; a copy of their childrens birth registration notices; a copy of the FSMs certificate of death; an Award of Disability Compensation or Pension notification; the FSMs WD AGO Form 100 (Separation Qualification Record); and the FSMs WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service).
CONSIDERATION OF EVIDENCE:
1. The FSMs 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 FSMs 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 in February 1941. He completed Officer Candidate School, was appointed a second lieutenant, and entered active duty on 8 October 1942. He arrived in the European-African-Middle Easter Theater of Operations on 5 September 1944.
3. The applicant provided a newspaper article that indicated the FSM had been injured in November 1944 when, while he was enroute to an advanced artillery observation point in a jeep, the jeep struck a land mine.
4. A WD AGO Form 8-118 (Disposition Board Proceedings), dated 15 December 1945, indicated a medical board found the FSM to have a diagnosis of chronic fibrositis involving the joints of his upper and lower extremities. However, he was found to have no disability for military service and was recommended for general military service. No other documents from his medical board are available. His service medical records are not available.
5. On 14 February 1946, the FSM was released from active duty. His WD AGO Form 53-98 shows he was awarded the European-African-Middle Eastern Campaign Medal, the American Defense Service Medal, the AT Ribbon (i.e., the American Campaign Medal); and the World War II Victory Medal. Item 30 (Wounds Received in Action) contains the entry, NONE.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by military medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury. The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.
DISCUSSION AND CONCLUSIONS:
1. The only available evidence that shows the FSM was wounded is the newspaper article provided by the applicant. Unfortunately, that article does not contain the circumstances surrounding the incident (e.g., was the landmine German or Allied; was the FSM driving on a road or off road, etc.). The FSMs service medical records and his complete medical board packet, which could have provided that information, are not available.
2. Regrettably, there is insufficient evidence at this time that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jcr___ __jgh___ __qas___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her husband in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
__Jeffrey C. Redmann__
CHAIRPERSON
INDEX
CASE ID
AR20070010779
SUFFIX
RECON
DATE BOARDED
20071213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
107.0056
2.
3.
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6.
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