IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110005267 


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 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.

2.  The applicant states her father was wounded in battle while serving in Germany during World War II.  As a result, he was hospitalized in Liege, Belgium for treatment.  Although the FSM was awarded the Purple Heart, it is not reflected on his WD AGO Form 53-55.  She attests that the World War II Memorial located in Washington, D.C. lists the FSM as a Purple Heart recipient.  However, she needs his record corrected to show the award of the Purple Heart so it may be engraved on the FSM's headstone, but his military records were destroyed in a fire in July 1973.  She attests the whereabouts of the FSM's Purple Heart medal is unknown.

3.  The applicant provides:

* the FSM's WD AGO Form 53-55
* a report extracted from hospital admission records
* a photograph of the FSM standing outside a Belgian hospital on Victory in Europe Day (8 May 1945)
* The FSM's State of Oklahoma Certificate of Death
* her State of Oklahoma Certificate of Live Birth

CONSIDERATION OF EVIDENCE:

1.  The FSM's WD AGO Form 53-55 contains the following pertinent information:

* he was inducted into the Army of the United States on 25 August 1944
* his military occupational specialty was 659 (Tank Guns Instructor)
* his organization at the time of separation was Headquarters Company,
119th Infantry Regiment
* he held the rank/grade of private first class (PFC) at the time of separation
* he was honorably discharged on 9 February 1946
* he served 11 months and 16 days in the continental United States (CONUS)
* he served 5 months and 29 days of foreign service
* he was separated from service on a partial service record and an affidavit from himself
* details pertaining to the following topics are shown as "Not Available" in:

* item 33 (Decorations and Citations)
* item 34 (Wounds Received in Action)

2.  The National Archives and Records Administration (NARA) provided an extract from the Office of the Surgeon General hospital admission card files which shows the FSM was wounded when an artillery shell struck his tank and he was categorized as a "battle casualty."  As a result, he was hospitalized for treatment on 1 April 1945 and remained in the hospital for 42 days.  This form also shows his admission station was within the European Theatre (Norway, France, Belgium, Holland, Denmark, Germany, Russia).

3.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  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.

	b.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, 

or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

4.  War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the WD AGO Form 53-55.  It states for item 34, enter date wounded and theater.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's record should be corrected to show her father's award of the Purple Heart was carefully considered and determined to have merit.

2.  Evidence clearly shows the FSM was wounded as the result of a hostile action while serving within the European African-Middle Eastern Theater, he was hospitalized for treatment, and the incident was made a matter of official record.  Therefore, the FSM's WD AGO 53-55 should be corrected to show the Purple Heart.

3.  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.  Therefore, the FSM's WD AGO Form 53-55 should be correct accordingly.

4.  The available evidence shows the FSM served during a qualifying period for the European-African-Middle Eastern Campaign Medal and the World War II Victory Medal.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show these awards.

5.  In view of the foregoing, the FSM's WD AGO Form 53-55 should be corrected as recommended below.

BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  adding to item 33 of the FSM's WD AGO Form 53-55 the:

* Purple Heart
* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal

	b.  deleting from item 34 of the FSM's WD AGO Form 53-55 the entry "Not available" and replacing it with the entry "1 April 1945, European theater."

2.  The Board wants the applicant and all others to know that the sacrifices her father made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM'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)                                         AR20110005267



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ABCMR Record of Proceedings (cont)                                         AR20110005267



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