IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110010634 


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, a former service member (FSM) of World War II, requests reconsideration of his previous request for award of the Purple Heart.  (Following submission of this request, the FSM passed away on 21 July 2011).

2.  He states no Purple Heart was awarded for the wounds he received.  He has been diagnosed with post-traumatic stress disorder (PTSD) by the "Cleveland Tiger Team" and with traumatic brain injury (TBI) by the Department of Veterans Affairs (VA) in Madison, WI.  He makes a new argument and provides critical information and evidence that he contends has just surfaced which bolsters his claim for the Purple Heart.

3.  He provides a self-authored statement, a copy of a newspaper article, a VA Rating Decision, a newspaper clipping pertaining to the Purple Heart, his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), a letter of support from a VA psychiatrist, a record of a medical evaluation he underwent in 2007, and a letter from the VA.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the FSM's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003097902, on 1 April 2004.

2.  The FSM submitted a new argument and documentation which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The FSM's complete 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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using records provided by the applicant.

4.  The FSM was inducted into the Army of the United States on 19 February 1943 and entered active service on 26 February 1943.  The available records show he served in Europe from 2 September 1943 through 21 November 1945 as a weather observer while assigned to the 113th Antiaircraft Artillery (AAA) Battalion.  He was honorably discharged on 9 December 1945.

5.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the Good Conduct Medal, World War II Victory Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, and four Overseas Service Bars.  Item 34 (Wounds Received in Action) shows the entry "NONE."  

6.  The available records are void of documentation showing he was wounded or treated for wounds he received as a result of hostile action during his military service.

7.  In support of his previous application, he provided:

	a.  A statement, dated 3 August 2003, from a former company clerk who served with the applicant in the 113th AAA Battalion.  The former company clerk wrote that, on 8 January 1945, a German VI pilotless aircraft exploded near their unit's headquarters in Liege, Belgium.  As a result of the attack, the clerk was wounded and received the Purple Heart.  The clerk stated the FSM was a member of headquarters battery at the time.

	b.  Orders showing the clerk was awarded the Purple Heart for wounds he received on 8 January 1945 near Liege, Belgium.

	c.  Pages from what appears to be a unit history of the 113th AAA Battalion.  These pages show several members of the unit were wounded in action on 5 January 1945 and two members of the unit were wounded in action on 8 January 1954.  The FSM's name does not appear on the list of Soldiers wounded in action on those dates.
8.  In support of his current application, he provides: 

   a.  An article from the Rockford Register Star, dated 22 February 2009, reporting on research that found that athletes who received concussions may show a decline in their mental and physical processes more than 30 years later.

   b.  A VA Rating Decision showing, in pertinent part, he was granted service connection for TBI with an evaluation of 0 percent (%) effective 25 February 2009.  The Reasons for Decision section of the Rating Decision states, in pertinent part, "The explosion with resulting head trauma reported by the veteran are consistent with the expected experiences of his combat service, and is therefore conceded."  The rating official noted that private medical records were "completely silent for complaints of or treatment for residuals of a head injury."  

	c.  A letter of support from a psychiatrist who stated he diagnosed the applicant with PTSD and "a major depressive disorder, recurrent severe level."  The psychiatrist stated the applicant was seriously wounded during the Battle of the Bulge on 8 January 1945.  The psychiatrist does not indicate the source of information regarding the applicant's wound or the nature of the wound.  

	d.  A record of a medical evaluation he underwent on 30 April 2007 after a period of hospitalization for dizzy spells and mental confusion.  The examining physician noted the applicant had a head injury in 1945, but he did not indicate the source of that information.  The examining physician noted his PTSD diagnosis but did not note a diagnosis of TBI.  

	e.  A letter, dated 19 May 2011, from the VA showing the VA made a decision on a claim for service-connected compensation they had received on 21 May 2010.  The letter shows he was assigned a new service-connected disability rating of 100% for TBI effective 21 May 2010.  The letter does not show the basis for the decision.  It states his Rating Decision was enclosed; however, this document was not provided to the Board for review.

   f.  A self-authored statement, in which he states he was seriously wounded on 5 January 1945 in Liege, Belgium, during the Battle of the Bulge.  He did not realize how seriously he was wounded until later.  He states he incurred TBI in addition to the PTSD diagnosed by the VA, and he feels he has more than earned the Purple Heart for his combat injury.  [The explosion of a German pilotless aircraft] knocked him unconscious.  Sometime after the explosion, the sergeant of the guard came to check on him.  He was relieved from his guard post and sent to the building where they were billeted.  He states he stayed on his cot for 2 to 3 days before reporting back to duty.  He does not know if the sergeant of the guard made mention of the incident.
9.  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.

10.  A review of the available records indicates the FSM is entitled to unit awards that are not shown on his WD AGO Form 53-55.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit awards and occupation credit for World War II.  The pamphlet shows the 113th AAA Battalion was cited for award of the Belgian Fourragere.  

DISCUSSION AND CONCLUSIONS:

1.  To award the Purple Heart requires substantiating evidence verifying a wound was the result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record.

2.  Unfortunately, the only documents available in this case that indicate the FSM may have been injured as a result of hostile action are VA records created decades after his military service.  As the available VA records show, the VA has latitude to make a determination of service-connected disability based on very general details of an individual's service, such as having been at a certain place at a certain time.  The criteria governing award of the Purple Heart does not provide such latitude.  

3.  In his self-authored statement, he states he stayed on his cot for 2 to 3 days before reporting back to duty, but he makes no mention of being medically treated.  In the absence of additional documentation substantiating that he was wounded as a result of enemy action, that his wound required treatment by medical personnel, and that such treatment was made a matter of official record, there is insufficient basis upon which to award the Purple Heart.

4.  The FSM's unit was cited for award of the Belgian Fourragere.  Therefore, he is entitled to correction of his record to show this unit citation.





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.  It was determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2003097902, dated 1 April 2004.

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the Case Management Division administratively correct the records of the FSM by adding the Belgian Fourragere to item 33 of his WD AGO Form 53-55.

3.  The Board wants all those concerned to know this action in no way diminishes the sacrifices the FSM made in service to our Nation.  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)                                         AR20110010634



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ABCMR Record of Proceedings (cont)                                         AR20110010634



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