IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024034
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 that the records of her father, a former service member (FSM), be corrected by awarding him the Purple Heart for wounds received during World War II (WWII).
2. The applicant states the FSM was blown off a bridge on 5 April 1945 in Belgium and was hospitalized for his injuries; however, he never received the Purple Heart.
3. The applicant provides copies of her birth certificate, the FSMs and his wifes death certificate, congressional correspondence, the FSMs WD AGO Form
53-55 (Enlisted Record and Report of Separation Honorable Discharge), and the FSMs Department of Veterans Affairs (VA) records which contain copies of some of his service records.
CONSIDERATION OF EVIDENCE:
1. The FSMs 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 the FSM'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.
2. The FSM was inducted into the Army of the United States on 23 March 1944. He completed his training as a rodsman and departed for the European Theater of Operations (ETO) on 25 December 1944. He participated in the Rhineland campaign and departed the ETO on 6 August 1945. He arrived in the United States on 23 August 1945 and was transferred to Camp Grant, Illinois where he was honorably discharged on 7 November 1945. His WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Theater Ribbon with one bronze service star, the Good Conduct Medal, and the WWII Victory Medal. Block 34 (Wounds Received in Action) contains the entry None.
3. The FSMs WD AGO Form 59 (Prior to Discharge, Release from Active Duty or Retirement) indicates he had an injury to his left leg in May 1945 that was treated at the 241st General Hospital in France. It also indicates no disability of leg.
4. Copies of VA records, dated 17 February 1949, indicate that on 5 April 1945 the FSM fell off a bridge in Belgium and injured his left leg. He went to the aid station, was treated and returned to duty. About a month later his knee stiffened and he was sent to the 126th Evacuation Hospital on 18 May 1945. He was returned to his unit where he remained until discharge.
5. A review of the available records failed to show any evidence indicating that the FSMs injury was incurred as a result of enemy action.
6. Army Regulation 600-45 (Personnel Decorations) in effect at the time , provided that the Purple Heart is awarded to members of the Armed Forces of the United States who are wounded in action against an enemy of the United States or as a direct result of an act of such enemy, provided such wound necessitates treatment by a medical officer. For the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as a result of a hostile act of the enemy or while in action in front of the enemy.
7. Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that the FSM was wounded/injured as a result of enemy action during WWII is not in doubt, the applicant has simply failed to provide sufficient evidence to support her contentions.
2. The available evidence clearly shows the FSM was injured; however, there is no evidence present in the available records that shows his injury was caused by enemy action.
3. Unfortunately, due to the fire in 1973 that destroyed the FSMs records and the passage of 65+ years since the FSM was discharged it is difficult at best to determined what happened at the time he was injured.
4. However, his VA records that were created in 1949 when his records were available also do not confirm that his injury was combat related.
5. Therefore, in the absence of sufficient evidence to establish that his injury was caused as a result of enemy action there appears to be no basis to award the FSM the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her late father in service to the United States during WWII. The applicant and all Americans should be justifiably proud of his 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) AR20110024034
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024034
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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