IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130010812 


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 wife of a deceased former service member (FSM), requests correction of her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart.

2.  The applicant states:

* she received a letter from the National Personnel Records Center stating that no records had been found to show the FSM was authorized award of the Purple Heart
* this is an error
* the Department of Veterans Affairs (VA) states they confirmed receipt of the FSM's Purple Heart

3.  The applicant provides:

* a letter from the VA
* the FSM's death certificate

CONSIDERATION OF EVIDENCE:

1.  The FSM's complete 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 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.  This case is being considered using reconstructed records and the FSM's WD AGO Form 53-55.

2.  The FSM's WD AGO Form 53-55 shows the following pertinent information:

* he was inducted into the Army of the United States on 15 May 1944
* he was assigned to the 317th Infantry Regiment, 80th Infantry Division
* he served in the European theater of operations from 26 October 1944 to 9 June 1945
* he participated in the South France Campaign
* he was awarded the World War II Victory Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and American Campaign Medal
* he was not wounded in action
* he served a total of 10 months and 3 days in the continental United States
* he served a total of 8 months and 5 days outside the continental United States
* he was honorably discharged on 23 November 1945 after completing a total of 1 year, 6 months, and 8 days of active military service

3.  The FSM's available records contain the following documents:

	a.  The results of his physical examination, dated 8 September 1945, show he:

* was a prisoner of war (POW) for 6 months
* had a chronic sinus infection
* sustained frost bite, feet, symptomatic
* had pain, right heel, secondary to injury

	b.  A memorandum from the Adjutant General's Office, War Department, dated 30 October 1945, shows he was awarded the Combat Infantryman Badge for performance of duty in ground combat against the enemy while assigned to the 317th Infantry Regiment.

	c.  A WD AGO Form 106 (Request for Decoration and/or Citation), dated 20 November 1945, shows he requested award of the Purple Heart for frozen feet in combat while he was assigned to the 80th Infantry Division.  A review of his records conducted at the time revealed no evidence of or authorization for award of the Purple Heart.

	d.  A WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 22 November 1945, shows he incurred:

* a right herniorrhaphy (surgical repair of a hernia) in 1941
* frozen feet in December “1945” as a POW in Germany – complained of pain in right heel

4.  A query of the National Archives Records of World War II POW (1942-1947) Data File shows the applicant was recorded as a POW on 26 November 1944 and was interned at the German prison camp known as Stalag 4B, Mühlberg, Sachsen, until he was returned to military control on or about 30 May 1945.

5.  The applicant submitted a letter from the VA, dated 2 September 2009, which states the VA confirmed receipt of the FSM's Purple Heart.  The applicant did not provide this evidence.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  The Bronze Star Medal is 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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The POW Medal was authorized on 8 November 1985 and is awarded to individuals who were taken prisoner or held captive in past armed conflicts after 5 April 1917.

	d.  A bronze service star is authorized based on qualifying service for each campaign listed in appendix B or listed in item 29 (Battles and Campaigns) of the WD AGO Form 53-55.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

7.  Army Regulation 600-45 (Decorations), which governed award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" was defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An "element" pertained to weather and award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

8.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  In part, it directs that for a Soldier with POW documentation, enter "PRISONER OF WAR, (unit of assignment/country), (date of capture and release date)" in the remarks section.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant did not submit any evidence which shows the FSM's frostbite of his feet was sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In the absence of corroborating evidence, the FSM is not entitled to have his WD AGO Form 53-55 corrected to show award of the Purple Heart.

2.  The evidence shows 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.

	a.  The FSM was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this badge.

	b.  The FSM is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and to correction of his WD AGO Form 53-55 to show this award.

	b.  The FSM was captured on 26 November 1944 and held as a POW in Germany until he was released from captivity on or about 30 May 1945.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the POW Medal and the duration of his internment as a POW.

	c.  The FSM participated in one campaign.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show one bronze service star for his already-awarded European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x____  ___x ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award of the Purple Heart.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by:

	a.  awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  adding the following awards to the FSM's WD AGO Form 53-55:

* Bronze Star Medal
* Combat Infantryman Badge
* Prisoner of War Medal
* one bronze service star for his already-awarded European-African-Middle Eastern Campaign Medal







	c.  adding the following remark to the FSM's WD AGO Form 53-55:  "PRISONER OF WAR, 317TH INFANTRY REGIMENT, 80TH INFANTRY DIVISION, GERMANY, 26 NOVEMBER 1944 TO ON OR ABOUT 30 MAY 1945."




      _____________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)                                         AR20130010812



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010812



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1