BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130009468 


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 the records of her deceased husband, a former service member (FSM), be corrected by awarding him the Purple Heart and the World War II Victory Medal. 

2.  The applicant states her deceased husband was a prisoner of war (POW) during his military service and he was wounded.  He never received the Purple Heart.  She was informed that due the fact that all members of his unit during World War II were captured or killed, he is entitled to the Purple Heart.  She is also requesting the World War II Victory Medal for his service. 

3.  The applicant provides the FSM's WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Service), her certificate of marriage, and the FSM's certificate of death.

CONSIDERATION OF EVIDENCE:

1.  The FSM's 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 his 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 21 December 1943 and he entered active service on 
11 January 1944.  This form also shows at the time of separation he was assigned to Company E, 423rd Infantry Regiment. 

3.  The FSM's reconstructed records contain three Western Union (WU) telegrams as follows: 

* WU telegram dated 11 January (1945) informing his mother that he was reported Missing in Action (MIA) as of 20 December in Germany
* WU telegram dated 25 March informing his mother that based on information received through the Provost Marshal his status was changed from MIA to POW of the German Government
* WU telegram dated 23 May informing his mother that he was returned to military control 

4.  General Orders Number 51, issued by Headquarters, 106th Infantry Division, awarded the FSM the Combat Infantryman Badge effective 16 December 1944.

5.  His WD AGO Form 53-55 also shows he departed the Continental United States (CONUS) on 17 October 1944 and he arrived in the European Theater of Operations (ETO) on 24 October 1944.  He departed the ETO on 14 June 1945 and arrived back in CONUS on 21 June 1945.

6.  He completed 2 years, 2 months, and 18 days of service in CONUS and 
8 months and 5 days of foreign service.  He was honorably discharged on 2 December 1945.  His WD AGO Form 53-55 further shows in:

* Item 31 (Military Qualification and Date), he was awarded the Expert Infantryman Badge
* Item 32 (Battles and Campaigns), he participated in the Ardennes and Central Europe campaigns
* Item 33 (Decorations and Citations), he was awarded or authorized the American Service Medal, European-African-Middle Eastern Campaign Medal, Good Conduct Medal, and World War II Victory Medal
* Item 34 (Wounds Received in Action) contains the entry "None"

7.  His service medical records are not available for review with this case.  

8.  On 23 October 2012, the Awards and Decorations Branch of the U.S. Army Human Resources Command (HRC) reviewed the FSM's records regarding his entitlement to the Bronze Star Medal and Purple Heart.  HRC determined:

   a.  The FSM was entitled to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.  As such, he was issued Permanent Order 297-01 awarding him the Bronze Star Medal.  He was also issued a 
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added the Combat Infantryman Badge to item 31 of his WD AGO Form 53-55 and the Bronze Star Medal to item 33 of this form. 

	b.  HRC was unable to authorize award of the Purple Heart as there was insufficient evidence to substantiate this award.  Example of documents to substantiate award of the Purple Heart while in a POW status include repatriation medical examination, sworn statements made by witnesses to the incident which caused an injury, clinical records, and other documents prepared prior to the FSM's separation. 

9.  The FSM's name is listed on the National Archives, WWII POW Data File for the period 7 December 1941 to 19 November 1946 as having been imprisoned and that he was returned to military control, liberated or repatriated.  The file lists the date of his POW status as "21 December 1944 to 22 October 1945." 

10.  Army Regulation 600-8-22 (Military Awards) provides that 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 for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  For those who became POWs during World War II, the Korean War and before 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 the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served in the ETO during World War II from on or about 24 October 1944 to 14 June 1945.  He appears to have been held captive by the enemy in Germany from on or about 11 January to 23 May 1945.  While his POW status is not in question, his entitlement to the Purple Heart remains unsubstantiated.  

2.  Although it is not unreasonable to presume the enemy mistreated U.S. Soldiers while in captivity, there is insufficient evidence the FSM sustained an injury while in captivity.  In the absence of evidence such as a repatriation medical examination, sworn statements made by witnesses to the incident which caused an injury, clinical records, and other documents prepared prior to the FSM's separation, there is insufficient evidence to award the FSM the Purple Heart. 

3.  With respect to the World War II Victory Medal, this award is already listed on the FSM's WD AGO Form 53-55. 

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)                                         AR20130009468



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009468



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1