IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110011812 


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 earlier request for award of the Purple Heart for wounds incurred during World War II (WWII).

2.  The applicant states he never received the Purple Heart after he sustained a concussion and was sent back to the rear for recovery. 

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* a previously-submitted 3-page letter to the Board, undated
* a 3-page letter to the Department of Veterans Affairs (VA), dated               7 October 2003
* a previously-submitted letter to his Member of Congress, dated 23 July 2003
* an extract of Army Board for Correction of Military Records (ABCMR) Docket Number AR2003085234
* a magazine article titled "Army Changes Purple Heart Rules," believed to have been printed in Veterans of Foreign Wars magazine 

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 ABCMR in Docket Number AR2003085234 on 13 May 2003.
2.  The applicant provides a letter to the VA and a newspaper article, that he believes constitute new evidence that was not previously considered by the Board; therefore, this new evidence warrants consideration by the Board.

3.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  The applicant was inducted into the Army of the United States on 31 October 1942 and entered active service on 14 November 1942.  He was honorably discharged on 13 March 1946.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not indicate he was previously awarded the Purple Heart. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None," indicating he had no recorded wounds during his service in WWII.

5.  His available record contains Medical Department Forms 52a (Medical Department Record) and 52b (Emergency Medical Tag), which show he was wounded in action on 23 February 1945, and that he received a cerebral concussion due to a shell blast that occurred in Boslar, Germany.

6.  The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.



8.  Army Regulation 600-8-22 further provides that the Purple Heart may be awarded to individuals wounded or killed as a result of “friendly fire” in the “heat of battle,” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

9.  Army Regulation 600-8-22 defines a wound as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injuries caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injuries caused by enemy placed mine or trap
* injuries caused by enemy released chemical, biological, or nuclear agent
* injuries caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy generated explosions
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his earlier request for award of the Purple Heart was carefully considered and was found to have merit.

2.  The evidence of record shows the applicant was wounded, received medical treatment for his wounds on or about 24 February 1945, and the treatment was made part of his official record.  Therefore, it would be appropriate to award him the Purple Heart and to correct his records to show this award.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2003085234, dated 13 May 2003.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a. Awarding him the Purple Heart, for wounds incurred in Germany on        23 February 1945.

   b. Amending item 33 of his WD AGO Form 53-55 to add the Purple Heart. 

   c. Amending item 34 of his WD AGO Form 53-55 to delete the entry "None" and add the entry "Germany, 23 February 1945."




      ____________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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20110011812



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