IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110010977 


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 son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Purple Heart.

2.  The applicant states that when reading a book written by the FSM, he discovered his father was wounded when he was struck by a piece of shrapnel in his leg during combat while serving in the vicinity of Anzio, Italy during World War II.  In his book, the FSM stated that he informed a medic of his wound, but the medic was subsequently killed and all of his equipment and paperwork was destroyed by an incoming artillery strike.  As a result, the documentation of his wound was lost.  The applicant states the FSM was receiving monthly monetary benefits from the Department of Veterans Affairs (VA) for an unknown reason, but he believes it was for the aforementioned combat-related wound.  He also states the FSM's records were lost due to a fire in St. Louis, MO.

3.  The applicant provides:

* an extract from the FSM's book
* an enlarged portion of the FSM's WD AGO Form 53-55
* a Standard Form 180 (Request Pertaining to Military Records)
* his Certificate of Birth


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 (NPRC) 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 provided by the National Personnel Records Center, St. Louis, MO.

2.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 April 1943 and entered active duty on 12 April 1943.  His military occupational specialty was 677 (Military Police).  He was honorably discharged on 12 February 1946 after completing a total of 2 years, 10 months, and 8 days of active military service.  He held the grade of private first class on the date of his separation.  

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

	a.  Item 32 (Battles and Campaigns) shows he participated in the Naples-Foggia, Rhineland, Rome-Arno, and Southern France 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 Mediterranean Theater of Operations on 28 September 1943 and departed on 13 August 1944.  He arrived in the European Theater of Operations on 15 August 1944 and departed on 4 November 1945.

4.  The applicant provides:

	a.  an extract from the FSM's book wherein he described the events that took place on the days his unit attempted to seize a hilltop in the vicinity of Anzio, Italy.  The FSM stated his unit "advanced about four miles under tremendous shellfire.  The casualty list was overwhelming.  Many men around me were falling, including myself who was hit and knocked unconscious.  The survivors reached the bottom of a hill, our objective.  I, in the meantime; came to and the 

wound wherever it was, felt like a sledgehammer, hitting me in either one of my legs.  I felt my body and discovered a long piece of shrapnel in my left leg.  I proceeded to cut the large piece of shrapnel out of my leg.  Ironically, it did not bleed, but only a large fatty substance oozed out of my leg.  I cut the shrapnel out and stuffed the fatty substance back into my leg, plus sulphur and bandaged it to the best of my ability.  I then proceeded to hobble to the bottom of the hill."

	b.  a Standard Form 180 showing he sought an Army determination pertaining to his deceased father's receipt of the Purple Heart from the NPRC.  He indicated on this form that his father died in 2008.

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 the FSM sustained no wounds in action.

3.  The FSM’s book indicated he treated himself.  The regulatory criteria for award of the Purple Heart requires treatment by medical personnel.  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.  Although the applicant states the FSM was receiving monthly monetary compensation from the VA, the applicant did not provide any evidence showing why the FSM was entitled to compensation.

5.  Regrettably, based on the foregoing there is insufficient evidence to award the FSM the Purple Heart.

6.  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)                                         AR20110010977





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ABCMR Record of Proceedings (cont)                                         AR20110010977



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