IN THE CASE OF:
BOARD DATE: 6 October 2009
DOCKET NUMBER: AR20090009165
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, the son of a deceased former service member (FSM), requests his father be awarded the Purple Heart.
2. The applicant states that the deceased FSM was only 38 days away from separating from the Army and that his company headquarters must have received the order to award him the Purple Heart. He states that according to Army veterans, many of them were in the same situation.
3. The applicant provides a self-authored letter, dated 18 November 2008, requesting that his father be awarded the Purple Heart; a copy of the deceased FSMs State of Louisiana Certificate of Death; a copy of his deceased mothers State of Louisiana Certificate of Death; two copies of a memorandum from the deceased FSM addressed to the Adjutant General, dated 22 August 1945, requesting that he be furnished copies of orders awarding him the Purple Heart; two copies of the deceased FSMs Honorable Discharge Certificate, dated
30 September 1945; two copies of the deceased FSMs WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge); and a copy of the deceased FSM's WD AGO Form 100 (Separation Qualification Record.
CONSIDERATION OF EVIDENCE:
1. The FSMs 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 FSMs 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 20 October 1941 in Napoleonukle, LA. He successfully completed his training as a pioneer in military occupational specialty (MOS) 729.
3. The FSMs records show that he departed the Continental United States (CONUS) for the European Theater of Operation (ETO) on 4 December 1942 and that he returned to CONUS on 11 June 1945.
4. On 30 September 1945, the FSM was honorably discharged under the provisions of Army Regulation 615-365 (Enlisted Personnel Discharge - Convenience of Government), for the convenience of the Government, due to demobilization.
5. The WD AGO Form 53-55 that the FSM was furnished at the time of his discharge shows that he was awarded the European-African-Middle Eastern Campaign Medal with one bronze service star, Army Good Conduct Medal, and the American Defense Service Medal. The word None is reflected in item number 34 (Wounds Received in Action) on his WD AGO Form 53-55.
6. Information from the hospital admission cards created by the Office of the Surgeon General, Department of the Army (1942 through 1945) and (1950 through1954) shows that in April 1944, the FSM was treated for otitis media, acute or unqualified as to acute or chronic; and for conjunctivitis. The hospital admission cards show that the causative agent was flaming liquid (gasoline explosions, etc.)
7. Hospital admission cards also show that in June 1944, the deceased FSM was treated for a burn and for conjunctivitis. The hospital admission cards show that the causative agent was flaming liquid (gasoline explosions, etc.) The hospital admission cards do not show that he was wounded/injured as a result of hostile action by enemy forces.
8. The memorandum, subject: Request for Orders Awarding Purple Heart, dated 22 August 1945, from the FSM to The Adjutant General, Washington, D.C.
indicates that he was requesting to be awarded the Purple Heart based on a shrapnel wound that he received to his right knee during an air raid by enemy planes while he was in Bristol, England.
9. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that the FSM be awarded the Purple Heart.
2. His contentions have been noted. However, there is no evidence in the available record nor has the applicant submitted any evidence that shows the FSM is entitled to the award of the Purple Heart.
3. While the available records do show that the FSM sustained some injuries while he was in the Army, there is no evidence that shows that his injuries were the result of hostile action by enemy forces. Additionally, the available evidence does not show that the FSM was treated by medical personnel for a right knee injury or that his injury was incurred during an air raid by enemy planes.
4. Regrettably, in view of the foregoing there is no 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:
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) AR20090009165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090009165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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