IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20100029416
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 his father, a deceased former service member (FSM), be awarded the Purple Heart (First Oak Leaf Cluster).
2. The applicant states:
* he was told that the FSM's original records were destroyed in a fire
* when he was a child the FSM showed him two Purple Hearts that he received as a result of being wounded in action during the Battle of the Bulge
* the FSM told him he was decorated by the French
* the FSM was a member of the 28th Infantry Division at Omaha Beach
3. The applicant provides:
* Standard Certificate of Live Birth
* the FSM's Certificate of Death
* the FSM's WD AGO Form 53-55 (Army of the United States Honorable Discharge)
CONSIDERATION OF EVIDENCE:
1. The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.
2. The FSM was inducted into the Army on 18 November 1941. He completed training as an automotive mechanic.
3. On 7 August 1945, he was honorably discharged for the convenience of the government. Item 32 (Battles and Campaigns) on the WD AGO Form 53-55 he received shows the followings awards:
* Good Conduct Medal
* American Defense Service Medal
* European-African-Middle Eastern Campaign Medal
* Combat Infantryman Badge
* Army Lapel Button
4. Item 34 (Wounds Received in Action) on the FSM's WD AGO Form 53-55 shows "None."
5. On 15 February 2010, the applicant was mailed the following awards on behalf of the FSM:
* Bronze Star Medal
* Army Good Conduct Medal
* American Defense Service Medal
* European-African-Middle Eastern Campaign Medal with 1 silver service star
* World War II Victory Medal
* Combat Infantryman Badge (First Award)
* Honorable Service Lapel Button, World War II
6. The available records do not show that the FSM was wounded while in action or as a result of hostile action while he was in the Army.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. The evidence he submitted has been considered.
2. There is no evidence in the available record, nor has the applicant's submitted sufficient evidence to show that the FSM was wounded while in action or as a result of hostile action while he was in the Army.
3. Item 34 on his WD AGO Form 53-55 shows he was not wounded in action. In the absence of evidence to the contrary, must be presumed that the entry made in item 34 is correct.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20100029416
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029416
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130005945
The applicant, the daughter of a deceased former service member (FSM), requests correction to his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to: * show three bronze service stars affixed to his previously-awarded European-African-Middle Eastern Theater Campaign Medal * award and add the Bronze Star Medal based on award of the Combat Infantryman Badge * award and add the Purple Heart * add the "Ruptured Duck pin" (lapel pin) 2. This regulation also...
ARMY | BCMR | CY2013 | 20130011858
The applicant requests the records of her late father, a former service member (FSM) be corrected to show his award of the Purple Heart with Oak Leaf Cluster. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that while the FSM was assigned to the 2nd Battalion, 115th Infantry Regiment, 29th Infantry Division, it was credited with participation in three campaigns: Normandy, Northern France and the Rhineland; was awarded a Distinguished...
ARMY | BCMR | CY2013 | 20130013081
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her uncle, a former service member (FSM), be corrected to show the European-African-Middle Eastern Campaign Medal with four bronze service stars and Purple Heart. Her uncle stated that he was blown out of three tanks which have left him with a lifetime of problems with his arm and shoulder. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9...
ARMY | BCMR | CY2002 | 2002074302C070403
The applicant states that she is requesting the FSM be awarded the Purple Heart posthumously for wounds received during World War II. On 26 July 2001, at his family’s request, the National Personnel Records Center issued all of the foregoing awards as well as the Army of Occupation Medal with Germany clasp and the World War II Honorable Service Lapel Button. Medical evidence shows that the FSM was treated for a combat related wound on 8 August 1944, and is therefore, entitled to the Purple...
ARMY | BCMR | CY2009 | 20090008469
The applicant requests that the records of his deceased father, a former service member (FSM), be corrected to show award of the Silver Star and all other authorized awards and decorations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of the FSM's amended WD AGO Form 53-55 the entries "2 Bronze Service Stars" and "European African Middle Eastern Theater Ribbon WDC 62 44"; and b. adding to item...
ARMY | BCMR | CY2006 | 20060005932C070205
The applicant, as the daughter of a deceased former service member (FSM), requests that her late father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Purple Heart. The FSM’s military records are not available to the Board for review. The medical evidence of record which shows the FSM sustained a battle injury on 6 December 1944 in the European Theater of Operations is accepted as sufficient evidence on which to amend his WD AGO Form 53-55...
ARMY | BCMR | CY2007 | 20070006219
The applicant requests that the military records of her father, a former service member (FSM), be corrected to show award of the Purple Heart. The FSMs military records are not available to the Board for review. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the American Campaign Medal, Asiatic-Pacific Campaign Medal, one bronze service star to be affixed to the European-African-Middle Eastern...
ARMY | BCMR | CY2011 | 20110005267
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his award of the Purple Heart. The FSM's WD AGO Form 53-55 also shows the entry "Not available"; however, evidence shows the FSM was wounded in action on 1 April 1945 in the European theater. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2007 | 20070003057
The applicant requests correction of her father's records, a former service member (FSM), to show award of the Purple Heart, the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and the Army of Occupation Medal. The FSM's DA Form 106, shows that the FSM submitted this form on 4 October 1945 requesting he be awarded the Purple Heart. Records show the applicant participated in two campaigns during his military service.
ARMY | BCMR | CY2013 | 20130006291
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Awarding him the Purple Heart, for wounds incurred in the European Theater of Operations on 24 March 1945; b. Amending item 33 of his WD AGO Form 53-55 to delete the "ATO MED" and "EAMETO MED"; and c. Amending item 33 of his WD AGO Form 53-55 to add the Purple Heart, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with...