IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130006291


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 daughter of a deceased former service member (FSM), requests her deceased father be awarded the Purple Heart for wounds he received while serving in World War II (WWII).

2.  The applicant states this omission resulted from administrative error.

3.  The applicant provides:

* her father's State of Louisiana Certification of Death
* her State of Louisiana Certificate of Live Birth
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 26 March 2013
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 20 December 2012
* War Department (WD) Adjutant General's Office (AGO) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* National Archives and Records Administration (NARA) NA Form 13038 (Certification of Military Service)
* copies of data sheets pertaining to the FSM, derived from Hospital Admission Cards provided by the Office of the Surgeon General (OTSG), Department of the Army




CONSIDERATION OF EVIDENCE:

1.  The FSM's 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 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.

2.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 22 October 1943 and he entered active duty on 12 November 1943.  It appears he completed his initial entry training and was awarded military occupational specialty 050 (Carpenter, General).

3.  He served in WWII, in the European Theater of Operations (ETO), from on or about 2 November 1944 to on or about 18 February 1946. 

4.  On or about 24 March 1945, he was wounded in action.  According to information contained in his available record, derived from Hospital Admission Cards provided by OTSG, he was admitted to hospital on 24 March 1945 as a battle casualty in the ETO.  This record shows he received fragmentary wounds to his thorax, thoracic wall, posterior thoracic wall, and leg.  He remained in the hospital for 53 days and was returned to duty in May 1945.

5.  On 8 March 1946, he was honorably discharged from the Army of the United States. 

   a. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes, Rhineland, and Central Europe campaigns during WWII;

   b. Item 33 (Decorations and Citations) of this form does not indicate he was awarded the Purple Heart; however, it does indicate he was awarded the:

* American Campaign Medal, shown as the American Theater of Operations (ATO) Medal
* European-African-Middle Eastern Campaign Medal, shown as the European-African-Middle Eastern Theater of Operations (EAMETO) Medal
* WWII Victory Medal
* Good Conduct Medal

   c. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows he was wounded in action on 24 March 1945, while in the European-African-Middle Eastern Theater of Operations (EAMETO).  

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

7.  Army Regulation 600-8-22 provides that the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends her father should be awarded the Purple Heart.  The evidence of record supports this contention.

2. The applicant's father was classified as a battle casualty on 24 March 1945.  He was hospitalized for 53 days for treatment of fragmentary wounds he received in combat.  Therefore, it would be appropriate to award him the Purple Heart and to correct his record to show this award.

3.  His WD AGO Form 53-55 incorrectly identifies his American Campaign Medal as the "ATO" Medal and his European-African-Middle Eastern Campaign Medal as the "EAMETO" Medal.  For the purpose of clarification, it would be appropriate to correctly identify these two service medals on his WD AGO Form 53-55.    

4.  Additionally, his WD AGO Form 53-55 shows he participated in 3 campaigns during his overseas service in WWII.  Therefore, he is entitled to 3 bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal.  





BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Awarding him the Purple Heart, for wounds incurred in the European Theater of Operations on 24 March 1945;

	b.  Amending item 33 of his WD AGO Form 53-55 to delete the "ATO MED" and "EAMETO MED"; and

	c.  Amending item 33 of his WD AGO Form 53-55 to add the Purple Heart, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with 3 bronze service stars. 




      ________________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)                                         AR20110020936



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ABCMR Record of Proceedings (cont)                                         AR20130006291



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