IN THE CASE OF:	   

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009025 


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 correction of the FSM's records to show award of the Purple Heart.

2.  The applicant states that the entry "GO33WD45:  New Guinea" in item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) acknowledges that the FSM sustained a leg wound in the summer of 1945 in New Guinea.  The wound resulted in the FSM spending three months convalescent leave onboard a hospital ship and entitled him to the Purple Heart.  He states it appears the entry was not translated/transferred to item 33 (Decorations and Citations) to show award of the Purple Heart.  He adds the Department of Veterans Affairs requires verification that the FSM was awarded the Purple Heart in order to inscribe it on the FSM's grave marker.

3.  The applicant provides a copy of the FSM's separation document.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  A 51st General Hospital Form 115 (Clinical Record) shows the FSM was accidentally shot in the left knee by a fellow Soldier with a .45 caliber pistol at 2000 hours, 12 November 1944, on Leyte Island (Philippine Islands).

3.  A Medical Department Form 55A (Clinical Record Brief) shows the FSM was admitted to the 51st General Hospital on 21 November 1944.  It shows an entry made by the admitting officer indicated, "WIA GSW [wounded in action, gunshot wound] - left thigh."  The final diagnosis was that the FSM was shot in the left knee by another Soldier at 2000 hours, 12 November 1944 on Leyte Island and the wound was accidentally incurred.

4.  The FSM's WD AGO Form 53-55 shows he was inducted on 27 February 1943, entered active duty on 6 March 1943, and he was honorably discharged on 
24 December 1945.  He completed 5 months and 1 day of continental United States service; 2 years, 4 months, and 18 days of foreign service; and he was credited with 2 years, 9 months, and 28 days of total service.  It also shows in:

	a.  item 6 (Organization):  339th Engineer Construction Battalion;

   b.  item 31 (Military Qualification and Date):  Marksman Marksmanship Qualification Badge with (M-1) Rifle;

	c.  item 32 (Battles and Campaigns):  "GO33WD45" (i.e., General Orders 33, War Department, 1945):

* New Guinea
* South Philippines (Liberation)
* Luzon

   d.  item 33 (Decorations and Citations) does not show the Purple Heart; and

   e.  item 34 (Wounds Received in Action) shows "None."

5.  On 10 June 1996, the Director, Soldier and Family Support, U.S. Army Reserve Personnel Center, St. Louis, MO, informed the Honorable Michael B---, Representative in Congress, that in response to his inquiry on behalf of the FSM, a review of the FSM's records shows that he was treated for an accidental wound.  Therefore, there is no authority to award the FSM the Purple Heart.

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

7.  War Department, General Orders Number 33 (1945), as amended, shows, in pertinent part, that it specifies the geographical combat zone and time periods authorizing award of campaign (bronze service) stars related to the Asiatic-Pacific Campaign Medal, including the New Guinea, South Philippines, and Luzon campaigns.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) provides current policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded for a wound sustained while in action against an 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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action, the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's records should be corrected to show he was wounded in action and that he was awarded  the Purple Heart based on the entry "GO33WD45:  New Guinea" in item 32 of the FSM's WD AGO Form 53-55.

2.  The evidence of record shows that the entry the applicant refers to is a War Department general order that, in pertinent part, authorized award of campaign (bronze service) stars related to the Asiatic-Pacific Campaign Medal for participation in campaigns that included New Guinea, South Philippines, and Luzon.  Thus, it offers insufficient evidence to support award of the Purple Heart.

3.  The evidence of record shows the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  The regulatory guidance, now in effect, provides for award of the Purple Heart for individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

4.  The available records show the FSM was accidentally shot in the left knee by a fellow Soldier with a .45 caliber pistol, on 12 November 1944, while serving on Leyte Island (Philippine Islands).  The evidence of record also shows the FSM was wounded in action when he sustained the gunshot wound from "friendly fire."

5.  Therefore, based on the available evidence, it would be appropriate at this time to award the FSM the Purple Heart.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the FSM the Purple Heart for wounds received in action on 
12 November 1944 on Leyte, Philippine Islands (Standard Name Line:  TEC 5 339th Engineer Construction Battalion);

	b.  adding to item 33 of his WD AGO Form 53-55 the Purple Heart; and

   c.  deleting the entry from item 34 of his WD AGO Form 53-55 and adding the entry, "12 November 1944, Leyte, Philippine Islands."

2.  The Board wants the applicant and all others to know the sacrifices his late father 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)                                         AR20130009025



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ABCMR Record of Proceedings (cont)                                         AR20130009025



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