RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 September 2007
DOCKET NUMBER: AR20070011820
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. William D. Powers
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jerome L. Pionk
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 reconsideration for his deceased father, a former service member (FSM), to be awarded the Purple Heart.
2. The applicant states, in effect, that he disagrees with the Board's decision for several reasons, and he is presenting new arguments that he feels were not considered by the Board. He states, in effect, that the matter when the FSM was actually wounded, because and the Army's records were lost in a fire (obviously not the fault of the FSM), the Army seems to rely on the date of Chaplain O'Brien's letter as the date when the FSM was wounded.
3. He states, in effect, the evacuation between the field hospital and the 180th General Hospital and the time it took the Chaplain to write the letter and to visit the FSM had to be more than a few days. In fact, it may have occurred before the German surrendered because in the European Theater of Operation (ETO) during May 1945, it was very busy, so in any event, the wound must have been sustained within a few days of the surrender. Wars do not come to a screeching halt. He further states "The FSM's wounds were most definitely the result of hostile action, in that the dropping and detonation of bombs is an act of war. The FSM sustained a permanent disability while clearing this field, and it was directly related to an act of war."
4. The applicant provides a copy of written statement, dated 18 July 2007; a letter from his state representative, dated 26 July 2007; a letter from Chaplain O'Brien addressed to his grandmother informing her that his father was wounded, dated 4 June 1945; a DD Form 149, dated 23 March 2006; a copy of the FSMs Department of Veterans Affairs compensation claim; a copy of the original Board's decision, dated 3 October 2006; and a copy of another applicant's Army Board for Correction of Military Records (ABCMR) case.
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 AR20060004707, on 3 October 2006.
2. In the original decision the ABCMR found that although the FSM was wounded in the ETO, he was wounded after hostilities had ended and the applicant has failed to show through the evidence submitted and the evidence of record, that the injuries were the result of enemy action. Also, that the written letter from the chaplain to the FSMs mother in June 1945, clearly states that the injury was an accident.
3. The applicant provided new arguments which require that his case be reconsidered by the ABCMR. In his new arguments, as stated above, he says the evacuation between the field hospital and the 180th General Hospital and the time it took the Chaplain to write the letter and to visit the FSM had to be more than a few days. In fact, it may have occurred before the German surrendered. In the European Theater of Operation (ETO) during May 1945, it was very busy, so in any event, the wound must have been sustained within a few days of the surrender. Wars do not come to a screeching halt. "The FSM's wounds were most definitely the result of hostile action, in that the dropping and detonation of bombs is an act of war."
4. In the letter from the chaplain to the FSM's mother, it states that the FSM's injury resulted from an accidental explosion of a bomb in a field that he and some other men were clearing. It was mistakenly thought to be merely an incendiary bomb.
5. 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. This same regulation further states an example of injuries or wounds which clearly do not justify award of the purple heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
DISCUSSION AND CONCLUSIONS:
1. The new arguments that the applicant submitted essentially challenges the date the FSM was accidentally wounded by an explosion from a bomb, and argues that the explosion was a result of hostile action, in that the dropping and detonation of bombs is an act of war.
2. The applicant has provided no evidence to show whether the bomb was an enemy bomb or a bomb left from friendly force. However, regardless to when the explosion occurred, the FSM was wounded as a result of an accidental explosion while he and some other men were clearing a field looking for bombs.
3. Regulatory guidance states that an example of injuries or wounds which clearly do not justify award of the purple heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___lmd__ ___wdp__ ___jlp___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 to amend the decision of the ABCMR set forth in Docket Number AR20070004707, dated 3 October 2006.
__________William D. Powers_______
CHAIRPERSON
INDEX
CASE ID
AR20070011820
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070925
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.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2006 | 20060004707C070205
A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. On 6 February 2006, officials at the NPRC dispatched a letter to the applicant explaining that there was insufficient evidence to establish that the FSM’s wound was the result of enemy action and that the Purple Heart could not be awarded. While there is no doubt that the FSM was wounded in the ETO, he was wounded after hostilities had ended and the applicant has failed to...
ARMY | BCMR | CY2005 | 20050001829C070206
This was a field hospital somewhere near Omaha Beach. I suppose this was due to a boyscout troop shooting paintballs at us…or was that the result of ENEMY ACTION?” e. “Bringing in the 155 charges for our Howitzers to hold and advance our lines was that ENEMY ACTION?” f. “The resulting injury put me in a FIELD HOSPITAL in France off the line and 50 plus years of 24-7 excruciating pain…pray tell was that the result of ENEMY ACTION?” 6. It states that the Purple Heart is awarded for a wound...
ARMY | BCMR | CY2005 | 20050001829C070206
This was a field hospital somewhere near Omaha Beach. I suppose this was due to a boyscout troop shooting paintballs at us or was that the result of ENEMY ACTION? e. Bringing in the 155 charges for our Howitzers to hold and advance our lines was that ENEMY ACTION? f. The resulting injury put me in a FIELD HOSPITAL in France off the line and 50 plus years of 24-7 excruciating pain pray tell was that the result of ENEMY ACTION? 6. It states that the Purple Heart is awarded for a wound...
ARMY | BCMR | CY2010 | 20100011569
On 22 October 1944, he was placed on a hospital ship and sent to Camp Carson, CO, for treatment. The FSMs military records are not available to the Board for review. Regrettably, absent evidence which conclusively shows the FSM sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart.
ARMY | BCMR | CY2009 | 20090014233
The applicant states that the FSM should be awarded the Purple Heart for an injury he suffered during war service and the subsequent deformity of his leg. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the FSM was wounded or injured as a...
ARMY | BCMR | CY2013 | 20130018947
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's records to show he was wounded by "friendly fire" and awarded the Purple Heart. The FSM's military service records are not available to the Board for review. The evidence of record shows that both the U.S. Army and U.S. Air Force award approval authorities considered the evidence and determined there was insufficient available evidence to award the FSM the Purple Heart.
ARMY | BCMR | CY2014 | 20140011992
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. Regrettably, absent evidence that conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding the applicant the...
ARMY | BCMR | CY2010 | 20100022147
The applicant provides copies of the following documents: * his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * his Honorable Discharge Certificate * two statements from his former first sergeant (1SG) and a former squad member * a handwritten paper showing he was WIA (Wounded in Action) * a WD AGO Form 1 (Morning Report) * a map of the 28th Infantry Regiment's movement in Germany CONSIDERATION OF EVIDENCE: 1. The applicant sustained gunshot wounds to...
ARMY | BCMR | CY2005 | 20050005370C070206
The applicant provides a statement from an Army veteran that he served with in Korea, dated 30 August 2002; a VA Form 21-4138 (Department of Veterans Affairs - Statement in Support of Claim), dated 19 June 2002; Department of Veterans Affairs (VA) Rating Decision, dated 4 August 2003; National Personnel Records Center letter, dated 11 February 2005; copies of DA AGO Form 1 (Morning Report) for B Battery, 37th Field Artillery Battalion, dated 6 April 1953, 20 April 1953, 26 May 1953, 4 June...
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.