IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080001088 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, as the widow of a deceased former service member (FSM), requests correction of the FSM’s records to show award of the Purple Heart for injuries sustained during World War II.

2.  The applicant states the Purple Heart is not reflected on the FSM’s discharge papers.  

3.  The applicant provides a supplemental letter, dated 17 December 2007; the FSM’s death certificate; the FSM’s and the applicant’s marriage certificate; the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); the FSM’s Veterans Administration (VA) Award of Disability Compensation or Pension form, dated 4 May 1950; a memorandum from the FSM’s daughter, dated 21 November 2007; a letter, dated 25 August 1945; copies of the FSM’s medical treatment identification card; and the FSM’s VA Rating Decision, dated 7 May 2003.

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 was inducted into the Army of the United States on 4 February 
1943 and he entered active service on 11 February 1943.  He served in the European-African-Middle Eastern Theater of Operations from 1 September 1944 to 24 July 1945.

3.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he received credit for participation in the Ardennes, Rhineland, and Central Europe campaigns.  

4.  The FSM was discharged from active duty on 19 November 1945.  His WD AGO Form 53-55 shows he was awarded the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal.  

5.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry "None."

6.  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 non-battle injuries on 6 February 1945 (fracture of scapula [shoulder blade] as a result of an accident) and on 19 April 1945 (burn on arm from flaming liquid).  

7.  A VA Award of Disability Compensation or Pension (Service-Connected) form, dated 4 May 1950, shows the FSM was awarded compensation for residuals of a fracture, right shoulder and elbow, and a left arm, 3rd degree burn incurred during World War II.

8.  A VA Form 3101 (Request for Army Information), dated 12 January 1950, indicates the FSM’s right shoulder and elbow were fractured in a truck accident in February 1945 while serving in Belgium and he sustained a 3rd degree burn to his left arm on 18 April 1945.

9.  The FSM’s VA Rating Decision, dated 7 May 2003, shows he filed a claim for increased evaluation that was received on 29 November 2002.  His disability ratings for degrenerative spondylosis with radiculitis (40 percent); residuals of 3rd degree burn to his left arm with adherent scar and biceps atrophy Muscle Group V (30 percent); residuals of right scapula with arthritis of right shoulder 
(20 percent); degenerative spondylosis, lumbosacral spine (10 percent); and residuals of 3rd degree burns on left arm (0 percent) continued.  

10.  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.  

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The “SGO Files” indicate the FSM sustained non-battle injuries on 6 February 1945 and 19 April 1945.  His VA Form 3101, dated 12 January 1950, indicates he sustained a fracture to his right shoulder and elbow in a truck accident in February 1945 and he sustained a 3rd degree burn to his left arm on 18 April 1945.  These documents do not verify that the FSM sustained wounds as a result of hostile action.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.  

2.  The FSM received credit for participation in three campaigns during World War II; therefore, he is eligible for three bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.

3.  Evidence shows that the FSM’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the FSM’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

xx______  xx______  xx______  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 determined that an administrative error 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 three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




             __xxx__   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20080001088





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ABCMR Record of Proceedings (cont)                                         AR20080001088



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