IN THE CASE OF: 

		BOARD DATE:	  10 January 2013

		DOCKET NUMBER:  AR20120011817 


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 wife of a former service member (FSM), requests reconsideration of the FSM's request for award of the Purple Heart and correction of the his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show this award.

2.  The applicant states her husband was designated as a Purple Heart recipient, but he never actually received the award.  He was injured by shrapnel as a result of heavy bombing during the Battle of the Bulge in 1944.  He was taken to the base hospital and from there he was sent to England.  He was temporarily paralyzed and initially told he would never walk again, but he did learn to walk again.  

3.  The applicant provides:

* her husband's Army Good Conduct Medal orders
* their marriage certificate
* DA Form 1577 (Authorization for Issuance of Awards)
* letter from the National Personnel Records Center (NPRC)
* letter from the FSM's doctor pertaining to the FSM's progressive Parkinson's Disease and Dementia
* VA Form 21-686c (Department of Veterans Affairs - Declaration of Status of Dependents)
* letter from the Army Review Boards Agency


4.  The applicant also provides an unreadable page with her application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the FSM's case by the Army Board for Correction of Military Records in Docket Number AR20110019221 on 5 April 2012.

2.  The FSM's available record contains a U.S. Army SGO Hospitalization File Listing (microfiche 055, page 251), created by The Office of The Surgeon General and a hospital admission card for the year 1945 that shows while serving in England and/or the European Area he sustained a blast injury to his brain by an artillery shell as a direct result of action against or by an organized enemy in March 1945.  The hospital admission card also shows he was hospitalized for 8 days and he was returned to duty.  The file is new evidence that will be considered by the Board.

3.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed the FSM's records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and the documents provided by the applicant for the Board to conduct a fair and impartial review of this case.  

4.  His available record shows he was inducted into the Army of the United States on 23 February 1943 and entered active service on 4 March 1943.  He completed training and was awarded the military occupational specialty of messenger.  

5.  He was honorably discharged on 9 January 1946.  Item 6 (Organization) of his WD AGO Form 53-55 lists Company E, 188th Glider Infantry Regiment, 11th Airborne Division.  Item 32 (Battle and Campaigns) of this form shows he participated in the Rhineland campaign.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 lists the:

* Army Good Conduct Medal
* American Campaign Medal
* European-African-Middle-Eastern Campaign Medal with one bronze service star
* World War II Victory Medal

7.  Item 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 lists the European Theater of Operations (ETO) from 25 September 1944 to 16 October 1945.

8.  Item 37 (Total Length of Service) of this form shows he completed 1 year, 8 months, and 24 days of active service, which included 1 year, 1 month, and 14 days of foreign service.

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

10.  There are no orders in the FSM's available service personnel records that show he was awarded the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the 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.

12.  Military Personnel (MILPER) Message Number 11-125, issued by the U.S. Army Human Resources Command, dated 29 April 2011, stated the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart).  The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness).  This message does not change the standards for award of the Purple Heart for concussion injuries.  This policy is retroactive to 11 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM sustained a blast injury to his brain in March 1945 while serving in England.  He was hospitalized and then returned to duty.  There is no evidence he was authorized award of the Purple Heart.  

2.  The applicant’s claim of entitlement of award of the Purple Heart for her late husband and the supporting evidence provided were carefully considered.  Regrettably, current regulatory guidance does not extend eligibility for the Purple Heart for traumatic brain injuries prior to 11 September 2001.  Therefore, the applicant is not entitled to retroactive award of the Purple Heart to the FSM and its addition to his separation document.
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 for correction of the records of the individual concerned.



      _______ _ 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)                                         AR20120011817



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ABCMR Record of Proceedings (cont)                                         AR20120011817



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