IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110010803
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 reconsideration of his previous application to add the Silver Star and the Purple Heart to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).
2. He states he was very disappointed that his previous request was not granted. Although the 1973 fire in St. Louis destroyed many military records, the newspaper article he provides should serve as proof that he was awarded the Silver Star and the Purple Heart. Upon his release from the field hospital, he was informed that paperwork had been completed to award him the Purple Heart.
3. He adds that it was unfortunate that his parents did not send him the complete article at the time; however, the newspaper article had to be written by someone in the Army and should be taken at face value.
4. The applicant provides:
* Several chapters from an unknown publication
* Web articles on the 8th Infantry Division
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100022189, on 7 April 2011.
2. The applicant provided an excerpt of a book and web articles pertaining to the 8th Infantry Division's actions during World War II (WWII) that was not previously considered by the Board. Therefore, it is new evidence and will be considered by the Board.
3. The applicant was inducted into the Army of the United States on 1 March 1943 and entered active duty on 8 March 1943. He held a combat infantryman military occupational specialty during his tour of duty.
4. His WD AGO Form 53-55 shows he was assigned to Company A, 121st Infantry and he served in the European Theater of Operations (ETO) from 14 August 1944 to 3 July 1945.
5. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 does not show any wounds and item 33 (Decorations and Citations) does not show he was awarded the Silver Star or the Purple Heart. He was honorably discharged on 22 October 1945.
6. A hospital listing from the U.S. Army Surgeon Generals Office shows he was hospitalized for tonsillitis. This report does not show he was treated for any injuries as a result of hostile action.
7. The Army Human Resources Command, Military Awards Branch conducted an extensive search of the applicants regimental and divisional units microfiche for orders awarding him the Silver Star; however, the search yielded no positive results.
8. In the applicant's previous application, he provided copies of newspaper articles which show a missing in action Soldier and describes his gallantry for which he was awarded the Silver Star for actions during WWII. Two of the articles identify their sources as the applicants parents; the other two articles do not identify their sources.
9. He provided an excerpt of a book and a webpage which chronicles the history of the 8th Infantry Division during WWII. Information pertaining to Company A, 121st Infantry has been underlined; however, the applicant is not mentioned by name in these documents.
10. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must
have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. The Purple Heart is awarded for a wound sustained in action against an enemy or 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the Board should reconsider his request to add the Silver Star and the Purple Heart to his WD AGO From 53-55. He stated the newspaper article he provided should serve as proof because it was written by Army personnel.
2. In this regard, two of the articles identify their sources as the applicant's parent, and the other two articles are vague as to the source of their information. As such, they are insufficient evidence in and of themselves to base award of the Silver Star or the Purple Heart. Absent official orders awarding the applicant the Silver Star, which would have been published and stored on his units microfiche records, there is an insufficient evidentiary basis for granting this portion of his request.
3. While a review of the U.S. Army Surgeon Generals Office hospital records does show he was hospitalized during his tour in the ETO, it fails to show he was hospitalized for wounds received as a result of hostile action. Therefore there is also an insufficient evidentiary basis to grant this portion of his request.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant 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 to amend the decision of the ABCMR set forth in Docket Number AR20100022189, dated 7 April 2011.
__________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) AR20110010803
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ABCMR Record of Proceedings (cont) AR20110010803
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