IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100023433 


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, on behalf of her deceased spouse (a former service member (FSM)), requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Purple Heart.

2.  The applicant states, in effect, the FSM was injured while serving in the Po Valley of Italy during World War II.  As a result, he was transported 6 hours by Jeep to a field hospital in Be Vuno [Belluno], Italy with a towel wrapped around the wound.

3.  She provides:

* the FSM's WD AGO Form 53-55
* a document from the FSM's medical record
* an Arkansas Department of Health Vital Records Certificate of Death

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 in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the WD AGO Form 53-55 and the document from the FSM's medical record provided by the applicant.

2.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 9 June 1944.  His military occupational specialty was 745 (Rifleman).  His final unit of assignment was Company A, 338th Infantry Regiment.  He was honorably discharged on 20 October 1945 after completing a total of 1 year, 4 months, and 12 days of active military service.  He held the grade of private first class on the date of his separation.  

3.  The applicant provides a document from the FSM's medical record that was apparently rendered by a surgeon at the 33rd Field Hospital located in Belluno, Italy which contains the following pertinent information:

	a.  On 13 May 1945, he sustained two large lacerations to his left hand and wrist from a piece of glass. 

	b.  He underwent surgery for this injury on the same date.

	c.  He was medically evacuated on 16 May 1945.

	d.  This form does not show the facts and circumstances which resulted in the FSM's injury.

4.  His WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 32 (Battles and Campaigns) shows he participated in the North Apennines and Po Valley campaigns.

	b.  Item 33 (Decorations and Citations) does not show he was awarded the Purple Heart.

	c.  Item 34 (Wounds Received in Action) shows "None."

	d.  Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the European-African-Middle-Eastern Theater of Operations on 26 November 1944 and departed on 10 August 1945.

	e.  Item 40 (Reason and Authority for Separation) shows he was issued a Certificate of Disability for Discharge under the provisions of Section I of Army Regulation 615-361 on 4 November 1944 and an Indorsement by the Brooke Convalescent Hospital located at Fort Sam Houston, TX on 18 October 1945.

	f.  Item 56 (Signature of Person Being Separated) shows he reviewed and authenticated this document with his signature at the time of separation.

5.  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 the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  His WD AGO Form 53-55 shows he sustained no wounds in action and he authenticated this document at the time of separation.

3.  The applicant provides a document showing the FSM sustained an injury from a piece of glass to his left hand and wrist.  However, there is no evidence in the available record and the applicant has not provided sufficient evidence which shows the FSM sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.

4.  Based on the foregoing, there is insufficient evidence to award the FSM the Purple Heart.

5.  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.

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)                                         AR20100023433





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ABCMR Record of Proceedings (cont)                                         AR20100023433



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