IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100023095
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 spouse of a deceased former service member (FSM), requests correction of the FSM's WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart.
2. She states:
* She believes the FSM was already awarded the Purple Heart
* The Purple Heart is not listed under the Decorations and Citations section of his WD AGO 53-55
* She needs his WD AGO Form 53-55 corrected immediately for burial considerations
3. She provides:
* The FSM's WD AGO 53-55
* A State of Florida Certificate of Death
* A Marriage License
CONSIDERATION OF EVIDENCE:
1. The FSMs military records are not available to the ABCMR 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.
2. The available evidence shows the FSM reenlisted in the Regular Army on 30 October 1945. At the time of reenlistment, he had completed 1 year,
7 months, and 12 days of prior service.
3. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 does not show he participated in any campaigns.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the World War II Victory Medal and Army of Occupation Medal - Germany.
5. Item 34 (Wounds Received in Action) does not show he sustained any wounds.
6. Item 36 (Service Outside Continental U.S. and Return) of his WD AGO 53-55 shows he served in the European Theater of Operations from 30 October through 18 November 1945 and 12 April through 4 December 1946.
7. On 2 January 1947, the FSM was honorably discharged after completing an additional 1 year, 2 months, and 4 days of creditable active military service.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
Regrettably, there is no evidence available and the applicant did not provide any evidence to show the FSM was awarded the Purple Heart or that he was wounded as a result of hostile action. Therefore, there is insufficient evidence on which to base correcting the FSM's WD AGO Form 53-55 to show award of the Purple Heart.
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) AR20100023095
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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