BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130006157
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 correction of the record of her deceased husband, a former service member (FSM), to show award of the Purple Heart.
2. The applicant states the FSM was a prisoner of war (POW) during World War II and therefore should be given the Purple Heart.
3. The applicant provides the FSM's Certificate of Death and WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
CONSIDERATION OF EVIDENCE:
1. The FSM's WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States on 9 May 1944
* he served in the European theater of operations from 9 December 1944 to 6 May 1945
* his rank as corporal
* the entry "None" in item 34 (Wounds Received in Action)
* the entry "Prisoner of War (Germany) 6 Jan 45 to 28 Apr 45"
* he was honorably discharged on 28 November 1945
2. His record does not show he was awarded the Purple Heart.
3. 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.
4. During World War II and the Korean War the Purple Heart was not awarded to Soldiers who had been injured while in captivity or while being taken captive. Those injuries were considered to be the result of war crimes and not the result of a legal action of war. War Department policy required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded Soldiers even in the absence of a formal declaration of war. The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times. As part of the National Defense Authorization Act of 1996, Congress authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW, or while being taken captive, in the same manner as a former POW who was wounded on or after that date.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show and the applicant has not provided evidence which indicates the FSM received wounds as a result of hostile action during World War II that required treatment by medical personnel and that a record was made of that treatment, or any evidence that he was wounded or injured by the enemy.
2. The fact that he was a POW alone is insufficient for award of the Purple Heart. Regrettably, in the absence of corroborating evidence of record which shows the FSM was wounded or injured as a result of hostile action during World War II, there is insufficient evidence upon which to base award of the Purple Heart.
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 that 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) AR20130006157
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