BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012597 


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 grandson of the former service member (FSM), requests that the FSM's separation documents be corrected to show award of the Purple Heart. 

2.  The applicant states, in effect, that his late grandfather was treated for his injuries on 17 June 1945 and his medical record has a line of duty entry marked “yes.”  He also states that his grandfather passed away and the family is requesting clarification concerning award of the Purple Heart.  His grandfather stated that it was awarded to him while he was in the hospital during World War II by an officer, but he never received a certificate or proof other than the medal.  His grandfather served in the Army and the U.S. Marine Corps. 

3.  In support of this application, the applicant provides copies of the FSM’s Abstract Record of Hospitalization, two Forms 52b (Medical Department U.S. Army), the FSM’s death certificate, a Power of Attorney, the applicant's birth certificate and the FSM’s daughter's birth certificate [the applicant's mother is the FSM's daughter].  

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 and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

2.  The available military records show the FSM was inducted into the Army of the U.S, in pay grade E-1, on 23 June 1943 and he entered active duty on 7 July 1943.  He completed training in military occupational specialty 601, gunner machine anti-aircraft.  He served overseas in England from 19 November 1944 to 4 March 1946 with Battery C, 569th Anti-Aircraft. 

3.  The applicant submitted a copy of a Form 52b that shows the FSM was admitted to the 11th Field Hospital on 17 June 1945 and diagnosed with trichophytosis (infection with fungi of the genus), bilateral, severe, line of duty, yes.

4.  The available military records contain a copy of an Abstract Record of Hospitalization, and the applicant submitted a copy this document and a Form 52b, that shows the FSM was admitted to the 194th General Hospital on 24 November 1945 and diagnosed with herpes zoster (inflammatory skin disease), line of duty, "yes."  

5.  The FSM was honorably discharged from active duty, in the rank of private first class, on 18 March 1946.  The FSM passed away on 19 June 2009.  

6.  The entries on the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) do not show award of the Purple Heart.  Item 31 (Military Qualification and Date) lists the following awards:  the Marksman Marksmanship Qualification Badge (M-1 Rifle).  Item 33 (Decorations and Citations) lists the following awards:  the Good Conduct Medal, the European-African-Middle Eastern Theater Service Ribbon, the American Theater Ribbon, and the World War II Victory Medal.  Item 55 (Remarks) lists the Honorable Service Lapel Button.

7.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 shows the entry "None" to indicate the FSM was not wounded while he served in England.  The available WD AGO Form 53-55 shows the FSM placed his signature in Item 56 (Signature of Person Being Separated) to indicate that the information recorded on this form was correct/complete to the best of his knowledge.



8.  There are no orders in the FSM’s available records that show he was awarded the Purple Heart.  There is also no evidence in the available medical records to show he was wounded or treated for wounds as a result of hostile action.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was injured as a result of enemy action, the injury must have been treated and the treatment must have been made a matter of official record.  The available evidence is insufficient to show the FSM was injured as a result of enemy action or that he was treated for injuries that he received as a result of enemy action during World War II.  Based on the foregoing, the regulatory requirement for award of the Purple Heart has not been met.  Therefore, the evidence is not sufficient to correct the FSM's records to show award of the Purple Heart.

2.  In all cases the burden of proof rests with the applicant to submit substantiating proof of entitlement to award of the Purple Heart in the absence of evidence of records.

3.  The FSM’s WD AGO Form 53-55 shows he authenticated this form in his own hand on the date of separation attesting that the information recorded on the form was, to the best of his knowledge, accurate and complete.

4.  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)                                         AR20090012597



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ABCMR Record of Proceedings (cont)                                         AR20090012597



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