IN THE CASE OF:	

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100008803 


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 award of the Purple Heart and all authorized decorations and citations for his deceased father's service during World War II.

2.  The applicant states the FSM's discharge document does not show award of the Purple Heart.  As a child, he remembers the FSM stating he was wounded during World War II and that the FSM received medical treatment at the Syracuse, NY, Department of Veterans Affairs Hospital.  He states the FSM's Eisenhower jacket shows the Purple Heart medal.  He also recalls the FSM received a monthly disability check for his combat wounds.

3.  The applicant provides the following documents:

	a.  a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 20 October 1945;

	b.  the applicant's certificate of baptism, dated 27 July 1947;

	c.  the FSM's death certificate; and

	d.  the FSM's spouse's death certificate.



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's military records are not available 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case, including the FSM's WD AGO Form 53-55 and documents provided by the applicant.

3.  The available evidence shows the FSM was inducted into the Army of the United States on 18 June 1942 and entered active duty on 2 July 1942.  The FSM completed basic combat training.  The unit identified on the FSM's WD AGO Form 53-55 was Headquarters Company, 21st Engineer Army Aviation Battalion.

4.  The FSM served in the European-African-Middle Eastern theater of operations from 18 November 1942 to on or about 25 September 1945.  He served in three campaigns:  the Tunisia Campaign from his arrival to 13 May 1943; the Naples-Foggia Campaign from on or about 9 September 1943 to 21 January 1944; and the Rome-Arno Campaign from on or about 22 January to 9 September 1944.

5.  A review of the Office of the Surgeon General Hospital Admission Cards for the years 1942 to 1945 failed to show evidence that the FSM received medical treatment for combat wounds.

6.  On 20 October 1945, the FSM was honorably discharged due to demobilization of Armed Forces.  He received a WD AGO Form 53-55 upon discharge which shows the following entries:

	a.  item 32 (Battles and Campaigns) - "Naples-Foggia, Rome-Arno, Tunisia";

	b.  item 33 (Decorations and Citations) - "European-African-Middle Eastern Service Medal, Good Conduct Medal"; and

	c.  item 34 (Wounds Received in Action) - "None."

7.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer.  This regulation 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.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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.  An example of an injury which does not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

9.  The Office of the Surgeon General files, a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

10.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon or campaign medal, to include the European-African-Middle Eastern Campaign Medal, for each credited campaign that a Soldier was assigned to, attached to, and present for duty with, a unit during which combat campaign is awarded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the FSM's son, contends the FSM received the Purple Heart for combat wounds incurred during World War II.  In addition, he contends the FSM's record should be reviewed and all authorized decorations and citations should be awarded and the FSM's discharge document updated.

2.  The FSM's WD AGO Form 53-55 shows that he had no wounds recorded on his separation document.  Within the Office of the Surgeon General files for World War II there is no record showing the FSM received medical treatment for wounds incurred during combat operations.  In addition, the applicant has not provided any medical evidence from the FSM's enlistment period that shows the FSM sustained combat wounds.

3.  Award of the Purple Heart requires that a Soldier must have received medical treatment by medical personnel of the U.S. Armed Forces and that the injury or wound must be documented in military medical records.

4.  There is insufficient evidence to show the FSM sustained a wound as a result of hostile action.  There is no evidence to show that U.S. Armed Forces medical personnel treated the FSM and that this treatment was made a matter of official record.  Therefore, regrettably, there is an insufficient basis for awarding the FSM the Purple Heart.

5.  The FSM is entitled to a correction of his record to show the World War II Victory Medal based on his qualifying period of service from 2 July 1942 to 20 October 1945.

6.  Based on award of the European-African-Middle Eastern Campaign Medal and the FSM's participation in three combat campaigns with Headquarters Company, 21st Engineer Army Aviation Battalion, the FSM is entitled to three bronze service stars.  Therefore, the FSM's discharge document should be corrected to add three bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the European-African-Middle Eastern Campaign Medal from the FSM's WD AGO Form 53-55 and 

	b.  adding the European-African-Middle Eastern Campaign Medal with three bronze service stars and the World War II Victory Medal to the FSM's WD AGO Form 53-55.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant's deceased father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father'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)                                         AR20100008803



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ABCMR Record of Proceedings (cont)                                         AR20100008803



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