DOCKET NUMBER:  AR20080017568 


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 reconsideration of an earlier request for two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states, in effect, that the first wound (cut on the right hand by flying debris) he received on 26 December 1944 was listed as a possible German aircraft bombing setting off a stockpile of dynamite.  He indicates that his first sergeant told him he would send him to the medic station for treatment and that he would be "listed" for the Purple heart.  He contends that since he did not consider his wound worthy of that honor he refused to go.  He states he was wounded a second time on 26 February 1945 while serving as a road marker for his battalion.  He claims that German artillery laid down a barrage in his area, that he was attended by an infantry medic, and that both incidents were listed in the Daily Battalion Journal. 

3.  The applicant states that combat circumstances at the time precluded him from getting treated properly for his wounds and that because of the combat situation the medical personnel failed to identify him as being an injured Soldier.  He does not blame the medical and/or clerical personnel for failing to properly document his injuries; however, they nonetheless happened.  He states that because he was not identified by name in the Daily Battalion Journal should not preclude him from getting an award he earned by being wounded.  He goes on to state that at the time he did not push to have the injuries properly substantiated because he was 19 years old and felt his injuries were minor compared to those who suffered much more severe wounds.  
4.  The applicant points out that the Department of Veterans Affairs (DVA) awarded him service-connected compensation for "Scar, Residuals, Shrapnel injury, Right Leg" (ten percent) because of injuries suffered as a result of combat-related wounds.  He firmly believes that he has the documentation to substantiate the treatment of his wounds as outlined in paragraph 2-8 of Army Regulation 600-8-22 (Military Awards) and that the regulation does not specify that the injured Soldier's name must be listed in order to qualify for the Purple Heart.  He states that the Daily Battalion Journal records coincide with his injuries and the listing of those same injuries on the same days they occurred.  In essence, his injuries were documented in official records, just not by name.  He contends the dates, times, and circumstances regarding his injuries and the records in the Daily Battalion Journal do corroborate his account of his injuries. 

5.  The applicant cites paragraphs 2-8f and 2-8g of Army Regulation 600-8-22 and states that his injuries were a result of both shrapnel and enemy aircraft fire.  He claims that he did not apply for the Purple Heart until now because it was an honor he personally considered he was not worthy of receiving.  However, looking back on his military service and considering his family, he would like them to know he was in combat, that he received combat injuries, and that his military records were corrected to show he earned these prestigious awards.     

6.  In support of his request for reconsideration, the applicant provides a DVA document, dated 17 May 2008, which shows he was granted service connection for scar, residuals, shrapnel injury, right leg (ten percent) effective 31 March 2008.

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 AR20080006979, on 24 September 2008.

2.  The DVA document provided by the applicant is new evidence which will be considered by the Board.

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

4.  The applicant was inducted on 25 October 1943 and entered active duty on 15 November 1943.  He served in the European Theater of Operations from 
28 July 1944 through 6 April 1946 and was honorably discharged on 19 April 1946.  

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry "NONE."   

6.  There are no orders for the Purple Heart in the available records.

7.  There are no medical records available.

8.  In the applicant's original application, he provided a Daily Battalion Journal for the 774th Field Artillery Battalion in Waurichen, Germany.  One of the entries for 26 December 1944 indicated that "One Bomb dropped from Plane, Believed American Type in Plane in Vic of Sv Btry.  No Damage done other than two minor cuts on EM from falling glass."  Another entry for 26 February 1945 indicated "One Enlisted man hit by fragment from Bursting Enemy shell, Treated by Bn Aid men and RTD." 

9.  Army Regulation 600-8-22 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 medical personnel, and the medical treatment must have been made a matter of official record.  

10.  Paragraph 2-8e of Army Regulation 600-8-22 states a wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

11.  Paragraph 2-8f of Army Regulation 600-8-22 states that when contemplating an award of this decoration, 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.  

12.  Paragraph 2-8g of Army Regulation 600-8-22 states, in pertinent part, that injuries caused by enemy bullet, shrapnel, or other projectile created by enemy action and injuries caused by vehicle or aircraft accident resulting from enemy fire are examples of enemy-related injuries which clearly justify award of the Purple Heart.

13.  Army Regulation 600-8-22 also states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, there is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  The criteria for award of the Purple Heart includes a requirement that the wound have required treatment by medical personnel and that the medical treatment must have been made a matter of official record.  There are no medical records which show the applicant was wounded as a result of hostile action.  The two entries in the Daily Battalion Journal previously submitted by the applicant do not identify the applicant by name as being wounded in action on 26 December 1944 and 26 February 1945.  

2.  The DVA document provided by the applicant shows he was granted service connection for scar, residuals, shrapnel injury, right leg (ten percent) effective 
31 March 2008.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action during World War II, this document is not sufficient as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

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 to amend the decision of the ABCMR set forth in Docket Number AR20080006979, dated 24 September 2008.




      _______ _   _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)                                         AR20080017568





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