IN THE CASE OF:	

		BOARD DATE:	  3 SEPTEMBER 2013

		DOCKET NUMBER:  AR20130001099 


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 widow of a deceased former service member (FSM), requests correction of the FSM's records to show award of the Purple Heart.

2.  The applicant states the FSM was a prisoner of war (POW) during World War II and he sustained injuries while in captivity.

3.  The applicant provides copies the FSM's discharge documents, disability award and rating data, death certificate and obituary, and four articles from the Internet.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's military service 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.

3.  The FSM was inducted and entered active duty on 7 October 1943.  He departed the continental United States (CONUS) for the European Theater of Operations (ETO) on 21 October 1944.

4.  Three Western Union telegrams (dated 11 January, 29 March, and 4 May 1945) show the FSM's mother was notified that the FSM was reported as:

* missing in action in Germany on 16 December 1944
* a POW of the German government
* returned to military control on 21 April 1945

5.  A WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows the FSM was honorably discharged on 5 November 1945 to enlist in the Regular Army (RA).  He completed 1 year, 5 months, and 
19 days of CONUS service; 7 months and 11 days of foreign service; and he was credited with 2 years and 1 month of total service.  It also shows in:

	a.  item 6 (Organization):  Company C, 71st Infantry Regiment;

   b.  item 31 (Military Qualification and Date):  Combat Infantryman Badge,
23 July 1945;

	c.  item 32 (Battles and Campaigns):

* Rhineland
* Ardennes

   d.  item 33 (Decorations and Citations):

* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* American Campaign Medal

   e.  item 34 (Wounds Received in Action):  None; and

   f.  item 36 (Service Outside CONUS and Return):

* CONUS - departed 21 October 1944
* ETO –

* arrived 29 October 1944
* departed 1 June 1945

* CONUS - arrived 2 June 1945

6.  A WD AGO Form 53-55 shows the FSM enlisted and entered active duty in the RA on 6 November 1945 and he was honorably discharged on 2 December 1946.  He completed 1 year and 27 days of CONUS service, and he was credited with 3 years, 1 month, and 27 days of total service.  It also shows in:

	a.  item 6:  Company D, 11th Infantry Regiment; and

	b.  item 33:  Army Good Conduct Medal.

7.  A review of the National Archives and Records Administration, Access to Archival Databases, World War II POW Data File, shows the FSM was a POW at Stalag 4B, Muhlberg Sachsen 51-13 in Germany and he was returned to military control upon being liberated/repatriated.

8.  There is no evidence in the available military service records that shows the FSM was awarded the Purple Heart.

9.  In support of the request the applicant provides the following documents:

	a.  a Corporate Award and Rating Data sheet that shows (in pertinent part), effective 1 October 1998, the FSM was granted service connection for residuals of cold injuries.  It also shows as "Special Issue/Information" that the FSM was a POW in the ETO during World War II.

   b.  State of Wisconsin, Certificate of Death, that shows the FSM died on
9 September 1999.

   c.  a newspaper obituary, dated 16 September 1999, and printout from the website Ancestory.com that show the FSM was captured at the Battle of the Bulge; held prisoner until 14 April 1945; hospitalized in Paris, France; and then hospitalized at Fort Sheridan, IL.
   d.  A newspaper article from the River Falls Journal, dated 21 December 2012, that provides a summary of the FSM's military service in the ETO, including the hardships he endured as a POW and emphasized the forced marches the POWs had to endure at the hands of their captors.  The applicant told the reporter the FSM suffered frostbite during the period of his captivity, contracted pneumonia, and also suffered weight loss (he was less than
100 pounds).

   e.  Three articles from the Internet that discuss the change in the eligibility criteria for award of the Purple Heart to former POWs.

10.  A review of the FSM's available records reveals he may be authorized additional awards that are not shown in his military service records.

11.  A DA Form 1577 (Authorization for Issuance of Awards), dated 5 October 1988, shows the FSM was authorized the POW Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  It is also authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945, or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

13.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, 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.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

14.  Army Regulation 600-8-22 further provides that for those who became POWs during World War II, the Korean War, and after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to Headquarters, Department of the Army, an affidavit that is supported by a statement from a witness, if this is possible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show award of the Purple Heart because he was a POW during World War II and he suffered injuries while in captivity.

2.  The available records show the FSM served in the ETO during World War II. He was in a POW status from 16 December 1944 until he returned to military control on 21 April 1945 and he was authorized the POW Medal.

3.  There is no evidence the FSM was awarded the Purple Heart.

	a.  The regulatory guidance, now in effect, provides for award of the Purple Heart for individuals who were wounded or injured while POWs of foreign forces.

   b.  The sincerity of the applicant's comments concerning the FSM's state of health and the conditions during the period he was a POW is not in dispute.  Thus, the grueling forced marches, illness, and weight loss the FSM endured as a POW were carefully considered, along with the FSM's service-connected disability ratings for residuals of cold injuries.

   c.  However, in order to qualify for award of the Purple Heart while a prisoner of foreign forces there must be evidence that the individual was wounded or injured (emphasis added) at the hands of his captors.

   d.  Regrettably, the available evidence does not support such a conclusion.

	e.  Therefore, there is insufficient evidence to support award of the Purple Heart in this case.

4.  Records show the FSM was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  This means that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  

5.  Evidence shows that the FSM's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the FSM's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to award him the Bronze Star Medal based on award of the Combat Infantryman Badge for the period 29 October 1944 to 15 December 1944 and also add the Bronze Star Medal and POW Medal to item 33 of his 5 November 1945 WD AGO Form 53-55.

3.  The Board wants the applicant and all others to know the sacrifices her late husband made in service to the United States during World War II are deeply appreciated.  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)                                         AR20130001099



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ABCMR Record of Proceedings (cont)                                         AR20130001099



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