IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100007017
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 that her deceased husband, a former service member (FSM), be awarded the Purple Heart (PH).
2. The applicant states the FSM was injured on the front line during World War II (WWII) in the Philippines while under fire. She claims mortar components, including a base plate weighing more than 60 pounds, fell on his right foot causing him to lose his big toe nail. She claims he suffered from this injury until his death.
3. The applicant provides the FSM's death certificate, their marriage certificate, and various documents related to the FSM's medical treatment and military service in support of the application.
CONSIDERATION OF EVIDENCE:
1. The FSM's military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the FSM's records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained at the NPRC which include the FSM's
WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and WD AGO Form 100 (Separation Qualification Record) documenting his WWII service.
2. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 27 February 1943 and entered active duty on 6 March 1943. It also shows he served in the Asiatic-Pacific theater of operations from 26 September 1943 through 28 November 1945 and participated in the New Guinea and Luzon campaigns.
3. Item 31 of the applicant's WD AGO Form 53-55 shows he earned the Combat Infantryman Badge and item 33 (Decorations and Citations), as amended by a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) issued on 2 December 2008, shows he earned the Bronze Star Medal, Philippine Liberation Ribbon with two bronze service stars, WWII Victory Medal, Asiatic-Pacific Campaign Medal with two bronze stars and bronze arrowhead, and Army Good Conduct Medal. The PH is not included in the list of awards in item 33 and item 34 (Wounds Received in Action) contains the entry "none."
4. The applicant's WD AGO Form 53-55 also shows he held the rank of technician fourth grade on the date of separation and this was the highest rank he attained while serving on active duty. It also shows he was honorably separated by reason of demobilization on 20 December 1945 after completing a total of 2 years, 9 months, and 24 days of active military service.
5. The applicant's NPRC file contains no medical treatment records or Office of the Surgeon General hospital admission records confirming the applicant was treated for a combat-related wound by medical personnel during WWII.
6. The WD AGO Form 100 in the NPRC file outlines his military service. It contains no indication he was ever wounded in combat.
7. The applicant provides several documents including doctor's statements and Department of Veterans Affairs claims documents related to the FSM's medical conditions, including his foot injury, which are dated in 2008. She provides no military medical treatment records or service records related to the FSM's WWII medical treatment for any injuries received in combat or his military service awards.
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states that in order to award a PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM was wounded in action in the Philippines during WWII and as a result should be awarded the PH has been carefully considered. However, the evidence is not sufficient to support this claim.
2. By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record.
3. The FSM's WD AGO Form 53-55, item 34, contains the entry "none" indicating the FSM was not wounded in action during WWII. Further, there are no medical treatment records or Office of the Surgeon General hospital admission records in the NPRC file that show the FSM was treated for a combat-related wound by medical personnel during his active duty tenure during WWII. Regrettably, as a result the regulatory burden of proof necessary to support award of the PH has not been met.
4. The applicant and all others concerned should know this action related to award of the PH 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.
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) AR20100007017
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR2ARMY | BCMR | CY2014 | 20140008265
Army Regulation 600-8-22 (Military Awards) provides: a. The evidence shows that the FSMs records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the ARBA CMD administratively correct the records of the former service member concerned by: * awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge for service in World War II from 4 October 1943 to 2 September 1945 * adding to item 33 of the FSM's WD AGO...
ARMY | BCMR | CY2009 | 20090005288
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. Further, there are no other documents on file or provided by the applicant that show he ever received a wound or injury as a result of enemy action that required treatment by military medical personnel during his active duty tenure.
ARMY | BCMR | CY2009 | 20090013059
Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140003185
The applicant, the son of a deceased former service member (FSM), requests the FSM be awarded the Purple Heart. The applicant provides a WD AGO Form 53-55, death certificate, letter from the National Personnel Records Center (NPRC), and a California State Military Museum 21-page article titled "Camp Lockett (Mitchell Convalescent Hospital)." Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of...
ARMY | BCMR | CY2009 | 20090003388
Application for correction of military records (with supporting documents provided, if any). The applicant's complete military record is not available to the Board for review. _______ _ ___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.
ARMY | BCMR | CY2005 | 20050006402C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that the FSM’s separation document (WD AGO Form 53-55) contains the entry “AP Theater 24 Mar 44” in Item 34 (Wounds Received in Action), and that while the FSM was hospitalized for his war wounds, the PH was awarded to him by a general officer (GO). As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2008 | 20080009029
By regulation, in order to support award of the PH, there must be evidence that an individual was wounded or injured as a result of enemy action; required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record. Absent any evidence that that the FSM was wounded as a result of enemy action, and/or that he was treated for a combat-related wound or injury by military medical personnel, or that he was ever recommended for or...
ARMY | BCMR | CY2011 | 20110004571
Application for correction of military records (with supporting documents provided, if any). The applicants request that the FSM's record be corrected to show award of the PH and the supporting documents she provided have been carefully considered. By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action.
ARMY | BCMR | CY2010 | 20100020742
The applicant requests that the records of his stepfather, a former service member (FSM), be corrected by awarding him the Purple Heart, the Good Conduct Medal, and the World War II Victory Medal with bronze device and that the award of the Philippine Liberation Ribbon be changed to the Philippine Liberation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the Philippine Liberation Ribbon and...
ARMY | BCMR | CY2011 | 20110021507
The evidence of record confirms the applicant served in the Philippines for 49 months and participated in the Philippine Islands (Defense) campaign of WWII. The evidence further shows that based on his service and campaign participation in the PTO in the Philippine Islands, the FSM is also eligible for the Philippine Liberation Ribbon, Philippine Independence Ribbon, and 1 bronze service star to be affixed to the already-awarded Asiatic-Pacific Campaign Medal. As a result, the Board...