IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011569 


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 his deceased grandfather, a former service member (FSM), be awarded the Purple Heart.

2.  The applicant states the FSM served as a private with the 117th Infantry in Europe following D-Day and he was wounded near St. Lo, France between June and October 1944.  The extent of his injury or treatment is unclear but it is known that he received a concussion and a broken back as a result of a German artillery shell explosion.  On 22 October 1944, he was placed on a hospital ship and sent to Camp Carson, CO, for treatment.  He remained at Camp Carson and was ultimately discharged for disability.  He rarely spoke of his time in the Army due to the terrible memories.  Years after his discharge, a physician determined the extent of his back injury and arthritis and that he had suffered a broken back.  He should have earned the Purple Heat for his concussion and back injury.  

3.  The applicant provides the following documents:

* National Archives (NA) Forms 13075 (Questionnaire About Military Service) and 13055 (Request for Information Needed to Reconstruct Medical Data)
* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* The FSM's and his grandmother's death certificates
* An affidavit 

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 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.

2.  The FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active duty at Jefferson Barracks, MO, on 16 November 1943.  This form also shows at the time of separation he held military occupational specialty 745 (Rifleman) and he was assigned to the 117th Infantry. 

3.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 16 June 1944 and arrived in Scotland (the European Theater of Operations (ETO)) on 27 June 1944.  He departed the ETO on 22 October 1944 and arrived back in CONUS on 7 November 1944.  

4.  He completed 10 months and 15 days of continental service and 4 months and 21 days of foreign service.  

5.  His reconstructed records show upon his return to the United States, he was admitted to the Army Convalescent Hospital at Camp Carson, where he was diagnosed with psychoneurosis and he was ultimately discharged on 21 February 1945 with a Certificate of Disability for Discharge.  

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. 

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in one campaign during World War II. 

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows award of the European-African-Middle Eastern Campaign Medal.

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


10.  His medical records are not available for review with this case.  However, his information from the hospital admission cards created by the Office of the Surgeon General for the year 1944 shows he was admitted to a hospital in July 1944 for an anxiety disorder and he was discharged from the hospital in February 1945. 

11.  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.

12.  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 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 by medical personnel, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

2.  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.  The available evidence does not show the FSM was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows the FSM 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 an insufficient basis for awarding him the Purple Heart.

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 for correction of the records of the individual concerned.

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 his 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)                                         AR20100011569



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ABCMR Record of Proceedings (cont)                                         AR20100011569



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