BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021960 


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, in effect, reconsideration of his previous request for award of the Purple Heart and correction of his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show this award.

2.  The applicant states he received a left facial injury in August 1944 as well as frozen feet.  He was awarded compensation for the Purple Heart but he has yet to receive the Purple Heart.

3.  The applicant provides:

* A statement of support
* Two VA (Department of Veterans Affairs) Forms 9 (Appeal to Board of Veterans' Appeals)

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 AR20100022323, on 17 March 2011.

2.  As a new argument, the applicant states he was awarded compensation for the Purple Heart but he never received the medal.  As new evidence, he provides a statement of support, dated 7 October 2011, wherein a veterans service officer stated the applicant informed him that he (the applicant) was given a cancer diagnosis and he would really like to be awarded the Purple Heart before he dies.  The applicant is very distressed that the Army has never recognized the injury he received during World War II.  It is documented in his medical records.  His injury occurred 17 January 1945 and he remained hospitalized until 25 April 1945.

3.  The applicant's 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 that the applicant's 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's reconstructed records show he was inducted into the Army of the United States on 21 September 1943 and he entered active duty on 12 October 1943 at Fort Benjamin Harrison, IN.  At the time of his separation, he held military occupational specialty 931 (Truck Driver) and he was assigned to Company A, 36th Engineer Battalion. 

5.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 17 May 1944 and arrived in the European Theater of Operations (ETO) on 31 May 1944.  He departed the ETO on 24 February 1946 and arrived back in CONUS on 7 March 1946.  

6.  He was honorably released from active duty on 12 March 1946.  He completed 3 months and 12 days of continental service and 1 year, 9 months, and 20 days of foreign service.

7.  Itme 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

8.  His reconstructed record contains a clinical record that shows he was exposed to the elements in France in January 1945, diagnosed with bilateral trench foot, and hospitalized in February 1945 for treatment of his trench foot.   A second clinical record from the 202nd General Hospital shows this medical condition was categorized as a non-battle injury.  He also incurred a second injury when a piece of wood fell on his head at the Red Cross station on 1 March 1945 and he was treated for this non-battle injury.  He was returned to duty on 1 April 1945.

9.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer.  This regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained 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.  An example of an injury which does not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action, and frostbite or trench foot injuries.

DISCUSSION AND CONCLUSIONS:

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

2.  The reconstructed record confirms the applicant was hospitalized and treated for trench foot and a head injury in February and March 1945; both of which were non-battle injuries.  Notwithstanding the applicant's sincerity, in the absence of conclusive evidence that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  Nevertheless, 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

________  ________  ________  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 AR20100022323, dated 17 March 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)                                         AR20110021960





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ABCMR Record of Proceedings (cont)                                         AR20110021960



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