IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080009029 


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 requests, in effect, that the record of her late father, a former service member (FSM), be corrected to show award of the Purple Heart (PH). 

2.  The applicant states, in effect, that the FSM was awarded the PH for merit during the period December 1941 to September 1943 (sic) when the PH was awarded for merit and good conduct.  

3.  The applicant provides the following documents in support of her claim:  Certificate of Death; Separation Document (WD AGO Form 53-55); and PH History Internet Document.   

CONSIDERATION OF EVIDENCE:

1.  The FSM's complete 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 (NPRC) in 1973.  The FSM's records were lost and/or partially destroyed in that fire.  This case is being considered using a reconstructed NPRC file that primarily consists of the FSM’s separation document (WD AGO Form 53-55).

2.  The FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 17 November 1942.  It also shows he held military occupational specialty (MOS) 345 (Light Truck Driver), and that he served in the Asiatic-Pacific Theater of Operations (APTO) from 29 May 1944 
through 24 December 1945.  It further indicates that he was credited with participating in the New Guinea and Northern Solomons campaigns of World War II.  Item 31 (Military Qualification and Date) shows he earned the Marksman Marksmanship Qualification Badge with Rifle Bar and Item 33 (Decorations and Awards) shows that during his active duty tenure, he earned the American Campaign Medal, Asiatic-Pacific Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.  

3.  The FSM’s WD AGO Form 53-55 contains the entry “None” in Item 34 (Wounds Received in Action), and he authenticated the separation document with his signature in Item 56 (Signature of Person Being Separated) on the date of his separation, which was 16 January 1946.  At the time of his separation, he had completed 3 years, 1 month, and 23 days active military service, and held the rank of private first class (PFC).  

4.  The FSM's reconstructed NPRC file contains no documents indicating the applicant was ever recommended for or awarded the PH by proper authority while serving on active duty.  It is also void of any medical treatment records indicating he was ever wounded in action, or treated for a combat-related wound or injury.  

5.  The applicant provides a three-page internet document retrieved from The Institute of Heraldry (TIOH), which indicates that the PH is authorized to be awarded to members who are wounded or killed in action after 5 April 1917.  It further indicates that during the early part of World War II (7 Dec 41 to 22 Sep 43), the PH was awarded both for wounds received in action against the enemy and for meritorious performance of duty, and that with the establishment of the Legion of Merit, by an Act of Congress, the practice of awarding the PH for meritorious service was discontinued. 

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. 

7.  Paragraph 2-8j(1) of the awards regulation states, in pertinent part, that any member of the Army who was awarded the PH for meritorious achievement or service, as opposed to wounds received in action, between 7 December 1941 
and 22 September 1943, could apply to the Commander, USA HRC, ATTN: AHRC-PDO-PA, 200 Stovall Street, Alexandria, VA 22332-0471, for award of an appropriate decoration instead of the PH.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM’s records should be corrected to reflect the PH award he previously received for merit has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to support award of the PH, there must be evidence that an individual was wounded or injured as a result of enemy action; required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.  

3.  The NPRC file is void of any indication that the FSM was ever wounded in action, or treated for a combat-related wound or injury by military medical personnel, and it fails to show he was ever recommended for or awarded the PH by proper authority while serving on active duty.  Further, his WD AGO Form 
53-55 does not include the PH in the list of awards contained in Item 33, and Item 34 is blank, which indicates he was never wounded as a result of enemy action.  The FSM authenticated the WD AGO Form 53-55 with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the separation document, to include the Item 33 and Item 34 entries, was correct at the time the WD AGO Form 53-55 was prepared and issued.  

4.  Absent any evidence that that the FSM was wounded as a result of enemy action, and/or that he was treated for a combat-related wound or injury by military medical personnel, or that he was ever recommended for or awarded the PH for merit by proper authority while serving on active duty, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement related to award of the PH.  

6.  The applicant and all others concerned should know that the decision regarding award of the PH 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 the FSM's service in arms.  

7.  The applicant is advised that if she has in her possession any proof (Award Certificate, Awards Orders, etc) to corroborate her claim that the FSM was awarded the PH for merit or service during the period between 7 December 1941 and 2 September 1943, she may apply to the Commander, USA HRC, ATTN: AHRC-PDO-PA, 200 Stovall Street, Alexandria, VA 22332-0471, for award of an appropriate decoration in lieu of the PH.  

 BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  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 for correction of the records of the individual concerned.



      __________x____________
               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)                                         AR20080009029



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ABCMR Record of Proceedings (cont)                                         AR20080009029



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