IN THE CASE OF:	 

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110018725 


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 record to show:

* he was wounded in action in Belgium in late October 1944
* a third award of the Purple Heart
* in effect, the other awards he was presented with during the 1991
22nd Infantry Reunion

2.  The applicant states:

* her father was wounded in Belgium in late October 1944, he suffered a bullet wound to his arm, and received treatment for this wound in the field
* he received recognition for his second wound during a reunion for the 22nd Infantry in May 1991 in Nashville, TN
* he was presented with the Purple Heart with 1st oak leaf cluster for his second wound
* he was, however, wounded three times; the first and third injuries required hospitalization and notification by Western Union; however, his Belgium wound was his second wound and is not documented in his records

3.  The applicant provides:

* the FSM's Honorable Discharge Certificate
* 
the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service
* a letter from the National Personnel Records Center, dated 21 January 2011
* an extract of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register)
* a Newspaper article
* a Western Union telegram, dated 29 July 1944
* a Western Union telegram dated 6 December 1944
* the FSM's Certificate of Death
* a CD of the 1991 22nd Infantry Reunion

CONSIDERATION OF EVIDENCE:

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

2.  The FSM's WD AGO Form 53-55 shows he enlisted in the Regular Army and he entered active service on 8 June 1940.  He held military occupational specialty 055 (Clerk, General).  His WD AGO Form 53-55 further shows in:

* item 6 (Organization) the entry "Co G, 22nd Infantry, 4th Division"
* item 31 (Military Qualification and Date) the entry "Combat Infantryman Badge – 1 November 1944"
* item 32 (Battles and Campaigns) the:

* Campaign of Normandy
* Campaign of Belgium
* Campaign of Germany

* item 33 (Decorations and Citations) the:

* Three Bronze Battle Stars
* Army Good Conduct Medal
* Purple Heart with One Oak Leaf Cluster
* European Theater of Operations Ribbon
* 
Presidential "Unit" Citation
* American Defense Service Ribbon (continued in item 55 (Remarks)

* item 34 (Wounds Received in Action) the entry:

* Wounded in action - hand grenade - St. Lo France 10 July 1944
* Wounded in action - machine gun bullets - Hurtgen Forest Germany 20 November 1944

* item 36 (Service Outside Continental United States (CONUS) and Return) he:

* departed CONUS on 16 June 1944
* arrived in the European Theater of Operations (ETO) on 31 January 1944
* departed the ETO on 26 February 1945
* arrived back in CONUS on 5 March 1945

3.  The FSM was honorably discharged on 9 May 1945 in the rank/grade of sergeant (SGT)/E-5.  He completed 3 years, 9 months, and 13 days of CONUS service and 1 year, 1 month, and 19 days of foreign service, for a total of 4 years, 11 months, and 2 days of total active service.

4.  The FSM's service medical records are not available for review with this case.

5.  There is no evidence of record and the applicant did not provide any corroborating evidence that shows her father incurred a third wound during his active duty service.

6.  The applicant provides a taped CD of the 1991 22nd Infantry reunion.  The CD shows a master sergeant acknowledging the sacrifices of selected individuals during World War II.  It also shows the FSM being presented with the Purple Heart with an oak leaf cluster (signifying two wounds) and other awards, including the World War II Victory Medal and the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	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, and the medical treatment must have been made a matter of official record.

	b.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	c.  The World War II Victory Medal was established by an Act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	d.  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.  The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

	e.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The FSM’s WD AGO Form 53-55 shows the FSM was wounded on two separate occasions during World War II.  He was wounded by a hand grenade in France on 10 July 1944 and by machine gun fire in Germany on 20 November 1944.  He was appropriately awarded the Purple Heart with 1st oak leaf cluster.  The CD provided by the applicant further confirms two awards of the Purple Heart.

3.  Notwithstanding the applicant’s sincerity, there is no evidence in the FSM’s available records and she did not provide any corroborating evidence that shows the FSM was wounded or injured a third time as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows the FSM sustained additional wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient evidentiary basis for granting  her request for a third award of the Purple Heart.

4.  The evidence of record shows the FSM was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to the posthumous award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

5.  The evidence of record shows the FSM served a qualifying period of service for entitlement the World War II Victory Medal.  Therefore, he is entitled to the posthumous award of the World War II Victory Medal and correction of his
WD AGO Form 53-55 to show this award.

6.  The FSM's WD AGO Form shows he was awarded the European Theater of Operations Ribbon and three bronze battle stars.  The medal is correctly known as the European-African-Middle Eastern Campaign Medal with three bronze service stars, signifying his participation in three campaigns during World War II. As a matter of clarity, the FSM's WD AGO Form 53-55 should be corrected to show the European-African-Middle Eastern Campaign Medal with three bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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


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

* Three Battle Stars
* European Theater of Operations Ribbon

	b.  posthumously awarding the FSM the Bronze Star Medal, effective
1 November 1944, based on his award of the Combat Infantryman Badge;

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

* Bronze Star Medal
* World War II Victory Medal
* European-Middle-Eastern African Campaign Medal with three bronze service stars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the FSM was wounded in Belgium in October 1944 and/or awarding him a third award of the Purple Heart.

3.  The Board wants the applicant and all others to know that the sacrifices the FSM 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)                                         AR20110018725



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ABCMR Record of Proceedings (cont)                                         AR20110018725



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