IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120009248
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 reconsideration of an earlier request to award the Purple Heart to his late father.
2. The applicant states:
a. The denial letter basically concedes that his father received gunshot wounds to his left thigh, but there is no proof it happened during combat by the enemy.
b. The FSM didn't have gunshot wounds to his left thigh before he was missing in action (captured by the Germans) in February 1944, but he did have scars from gunshot wounds to his left thigh when he was freed from the German prisoner of war (POW) camp in April 1945.
c. The FSM was the sole survivor of his squad, was wounded and captured by the Germans, and then treated by German doctors for his wounds. He doesn't know how to provide further proof. Per the denial letter, his father's Army records were destroyed in the 1973 fire.
3. The applicant provides no additional evidence.
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 AR20100025390, on 12 April 2011.
2. The applicant's arguments are new evidence that will be considered by the Board.
3. The FSM's complete 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.
4. His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted into the Army of the United States on 2 May 1943. He served in the European theater of operations from November 1942 to May 1945 and he was honorably discharged on 10 October 1945.
5. His WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) shows the entry "None."
6. There are no orders for the Purple Heart in the available records.
7. There is no evidence in the available records that shows the FSM was wounded as a result of hostile action during World War II.
8. The National Archives and Records Administration World War II POW data base shows the FSM was taken prisoner in Italy.
9. The original Record of Proceedings noted that a 16 April 1947 Veterans Administration (VA) letter requested the FSM clarify when, where, and under what circumstances he received his reported gunshot wound to his left thigh. It states an Army treatment record showed the wound came from a rifle whereas a VA examination reported it was from a German automatic pistol. The answer to the letter is not of record, but in September 1950 the VA increased the FSMs service-connected gunshot wound to his left thigh.
10. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM was wounded and captured by the Germans, he was treated by German doctors for his wounds, and he had scars from gunshot wounds to his left thigh when he was freed from the German POW camp.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* verification the wound the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. There is no evidence, such as a repatriation physical examination, in the available records that shows the FSM was wounded as a result of hostile action during World War II. The 16 April 1947 VA letter did not mention the date of the Army treatment record that showed the FSMs wound came from a rifle, and that treatment record is not available. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
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 the overall merits of this case are
insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100025390, dated 12 April 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) AR20120009248
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ABCMR Record of Proceedings (cont) AR20120009248
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