IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018914 


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 submitted by her now deceased husband, a former service member (FSM), for award of the Purple Heart.

2.  The applicant states that records were lost or not updated to reflect the actual conditions in the field which included medical records to confirm the FSM's wounds.  The wound is now confirmed by Lieutenant Colonel E____, the former executive officer of the FSM's unit of assignment.

3.  The applicant provides the FSM's death certificate, dated 17 January 2009; a statement by the FSM's former executive officer, dated 28 August 2009; and the FSM's previously-submitted WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and Honorable Discharge Certificate, dated 30 November 1945, in support of her request.

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 AR20080016907 on 29 January 2009.

2.  The applicant submitted a statement authored by the FSM's former executive officer in which he chronicles the events that led to the FSM's injury which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  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 his 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.

4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 February 1943 and entered active service in Dallas, TX, on 19 February 1943.  This form also shows at the time of his separation he held military occupational specialty 607 (Gunner Mortar) and he was assigned to Company G, 164th Infantry Regiment.

5.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 17 May 1944 and arrived in the Pacific theater of operations (PTO) on 12 June 1944.  He departed the PTO on 5 November 1945 and arrived back in CONUS on 20 November 1945.  He completed 1 year, 3 months, and 15 days of continental service and 1 year, 6 months, and 4 days of foreign service.  He was honorably separated on 30 November 1945.

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge on 20 January 1944.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the New Guinea, Southern Philippines, and Luzon campaigns during his service in World War II.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the American Theater Campaign Medal, Asiatic-Pacific Theater Campaign Medal with three bronze service stars, Philippine Liberation Campaign Medal, Army Good Conduct Medal, Word War II Victory Medal, one service stripe, and three overseas service bars.  Item 33 does not show the Purple Heart.

9.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

10.  On 17 June 2009, the FSM was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added award of the Bronze Star Medal.

11.  The applicant submitted a statement, dated 28 August 2009, authored by the FSM's former executive officer, Company G, 188th Parachute Infantry Regiment, 11th Airborne Division, wherein he states that sometime during the third week of November 1944 on the Island of Leyte, Philippines, the FSM was wounded by grenade fragments thrown by the enemy while on patrol.  At that time, matters were in a state of confusion and accurate records of his line-of-duty injury were lost or misplaced.  He believes the FSM deserves award of the Purple Heart.

12.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her deceased husband should be awarded the Purple Heart for an injury caused by grenade fragments from the enemy in Leyte and the evidence she submitted were carefully considered.  However, there is insufficient evidence to grant the FSM the Purple Heart in this case.

2.  The Purple Heart differs from all other decorations in that an individual is not recommended for the decoration; rather, he or she is entitled to it upon meeting specific criteria.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  In this case, the statement submitted by the unit's former executive officer is noted.  However, chronicles of events which were prepared and/or are submitted more than 60 years after the fact do not by themselves conclusively prove the FSM was wounded or injured as a result of hostile action.
4.  There is no evidence in his reconstructed records that shows the FSM was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the FSM.

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 to amend the decision of the ABCMR set forth in Docket Number AR20080016907, dated 29 January 2009.

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 the FSM's 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)                                         AR20090018914



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ABCMR Record of Proceedings (cont)                                         AR20090018914



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