IN THE CASE OF:	  

		BOARD DATE: 	        16 June 2009

		DOCKET NUMBER:  AR20090000411 


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 correction of her father's (the former service member (FSM’s)) DD Form 214 (i.e., his WD AGO Form 53-53 (Enlisted Record and Report of Separation Honorable Discharge)) to show award of the Purple Heart. 

2.  The applicant states, in effect, that item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-53 contains the entry "scalp wound right side of head."  She also states that her father was issued the Purple Heart which she now has.  However, she does not have the citation/certificate for his Purple Heart nor is it listed on his WD AGO Form 53-53.

3.  The applicant provides the FSM's WD AGO Form 53-53, a photocopy of a Purple Heart, his WD AGO Form 100 (Separation Qualification Record), a military education document, his War Department Form 372A (Final Payment - Work Sheet), his Certificate of Death, and her birth certificate in support of this application.

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 available for the Board to conduct a fair and impartial review of this case.  These documents mainly consist of the documents that the applicant provided.

2.  The FSM's military records show he was inducted into the Army of the United States on 23 November 1942 and he entered active duty on 5 December 1942.  He was promoted to first sergeant.

3.  The FSM's WD AGO Form 53-53 with a separation date of 1 January 1946 shows he served in the Pacific Theater of Operations (PTO) from 14 November 1944 to 5 December 1945.  

4.  On 1 January 1946, the FSM was honorably discharged after completing 3 years and 28 days of active service. 

5.  Item 32 (Battles and Campaigns) contains dual entries.  The entry "NONE" is typed using the same font as that of the predominant portion of the document.  However, this entry is typed over showing entries of two campaigns with a font different from that of the original font and initialed.  

6.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-53 does not show he was awarded the Purple Heart.

7.  Item 34 also contains dual entries.  The entry of "NONE" is typed with the same font as that of the predominant portion of the document; a subsequent entry "Scalp wound right side of head" is typed over the first entry with a font different from that of the original font and initialed.  This later entry does not contain the date and location of where the FSM was wounded.

8.  The applicant provided a photocopy of a Purple Heart without any identifying markings.

9.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to 
any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.



10.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders or certificates that awarded the FSM the Purple Heart.  There are no records available to include medical records that show the FSM was wounded, or treated for wounds, as a result of hostile action.  The documents that the applicant provided are not sufficient to support adding the Purple Heart to the FSM’s WD AGO Form 53-55. 

2.  The WD AGO Form 53-53 contains several entries made with a font other than that used for originally completing the WD AGO Form 53-55.  Initials were placed at the end of each entry; however, it cannot be determined to whom the initials belong.  Even if it were possible to make that determination, the entries are not an acceptable method for correcting a separation document.

3.  Regrettably, there is insufficient evidence to support that the FSM was awarded or met the criteria for award of the Purple Heart.  Therefore, there is insufficient basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  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 the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20090000411



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000411



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1