IN THE CASE OF: 

		BOARD DATE:	    20 March 2014

		DOCKET NUMBER:  AR20130013081 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) of her uncle, a former service member (FSM), be corrected to show the European-African-Middle Eastern Campaign Medal with four bronze service stars and Purple Heart.

2.  The applicant states:

   a.  On 18 June 2012, she became the successor trustee for her uncle.  Her uncle was robbed of his motor home and all of his medals were stolen.  She found a letter, dated 8 December 2006, from the National Personnel Records Center (NPRC) which noted his award of the European-African-Middle Eastern Campaign Medal with four bronze service stars.  A letter, dated 1 July 2013, noted his award of the European-African-Middle Eastern Campaign Medal with only three bronze service stars.  

   b.  Her second problem is about the Purple Heart.  Her uncle stated that he was blown out of three tanks which have left him with a lifetime of problems with his arm and shoulder.  More importantly, he had shrapnel in his lower left leg.  He served from 9 December 1942 and was honorably discharged on 9 January 1946.  She knows the fire apparently destroyed the verification of all of his military information in regards to his medical history.  She would like to know how she proves the shrapnel came from World War II, like her uncle stated, and does verification from an x-ray serve as proof.

3.  The applicant provides copies of the FSM's Certification of Military Service, two letters from the NPRC (first pages), and a Certification of Trust.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the NPRC in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained 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 9 December 1942 and he entered active duty on 16 December 1942.  This form also shows at the time of separation he held military occupational specialty 2736 (Medium Tank Crewman) and he was assigned to the 67th Armor Regiment.  

3.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 2 June 1944 and arrived in the European Theater of Operations (ETO) on 11 June 1944.  He departed the ETO on 13 December 1945 and arrived back in CONUS on 25 December 1945.

4.  He completed 1 year, 5 months, and 29 days of continental service and 1 year, 6 months, and 24 days of foreign service.  He was honorably separated on 9 January 1946 by reason of demobilization.

5.  His available record contains the following:

   a.  A WD AGO Form 100 (Separation Qualification Record) which stated the FSM served with the 2nd Armored Division in France, Belgium, and Germany from July 1944 to December 1945.  He was a member of a five-man crew of a heavy medium tank used in attacking enemy positions.  His duties included driving the vehicle and checking the suspension system.

   b.  A Veteran Identification Screen printout which does not indicate any entries, yes or no, beside the Purple Heart line item.

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 does not show any special qualifications or badges. 



7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows during his service in World War II he participated in the Northern France, Rhineland, Ardennes, and Central Europe campaigns.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the:

* Good Conduct Medal 
* World War II Victory Medal
* American Campaign Medal
* European-African-Middle Eastern Service Medal

9.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

10.  There are no medical records and no orders in the FSM's available records that show he was wounded in action.  

11.  The FSM's available record also contains a copy of a letter, dated 11 January 1990, to the NPRC, wherein he stated he had been slightly wounded twice, but never submitted for that.  He could presently prove there was a small piece of shrapnel in his lower left leg.  An x-ray proved it was still there.  He was blown out of three of those tin coffins before they finally arrived in Berlin.  He thought he was awarded four bronze service stars.  He also wanted to know if he could still be awarded a Purple Heart and the cords and tassels the French awarded the entire division.  He was suffering with some serious pain in the top of his right shoulder which could have come from his shoulder being jammed against the rim of the driver's hatch door when they were blown-up in the Battle of the Bulge.  He would like to see if something could be done about that and he believed he was eligible for some help for that.

12.  The applicant provided the first pages and his available record contains copies of two letters, dated 8 December 2006 and 1 July 2013, from the NPRC, wherein the FSM was advised the record needed to answer his inquiry was not in their files.  A fire destroyed the major portion of records of Army military personnel for the period 1912 through 1959.  He was also advised of his entitlement and shipment of the following awards in the letters dated:

* 8 December 2006 – the Army Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with four bronze service stars, World War II Victory Medal, and World War II Honorable Lapel Button
* 1 July 2013 – the Army Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, World War II Victory Medal, and World War II Honorable Lapel Button

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

14.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between         9 May 1945 and 5 May 1955.  

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), a register of unit citations and campaign participation credits for World War II and the Korean War, shows the FSM's unit, 2nd Armored Division, served in the following campaigns during his period of service from July 1944 to December 1945:

* Ardennes-Alsace for the period 16 December 1944 through 25 January 1945
* Central Europe for the period from 22 March through 11 May 1945
* Northern France for the period 25 July through 14 September 1944
* Rhineland for the period 15 September 1944 through 21 March 1945

16.  Department of the Army Pamphlet 672-1 also shows his unit was cited for the:

* Belgian Fourragere for the periods 2 September 1944 and 21 to 28 December 1944, by Department of Army General Orders Number 43, dated 1950.
* Occupation credit (Germany), for the period 2 May through 31 October 1945

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM served through four campaigns during his service in the ETO.  Therefore, his WD AGO Form 53-55 should be corrected to show the European-African-Middle Eastern Campaign Medal with four service stars.

2.  Orders awarded his unit the Belgian Fourragere and he completed a qualifying period of service for award of the Army of Occupation Medal (Germany).  Therefore, his WD AGO Form 53-55 should be corrected to show these awards.

3.  With respect to the Purple Heart: 

	a.  By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded or injured as a result of any action against an enemy, friendly foreign forces engaged in an armed conflict against an opposing armed force, and any hostile foreign force; the injuries were treated by medical authorities, and were made a matter of official record.  

	b.  There is no evidence available and the applicant has not provided sufficient evidence, which confirms the FSM was wounded as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment was made a matter of official record.

	c.  Based on the foregoing, the FSM does not meet the regulatory requirements for award of the Purple Heart; therefore, regrettably there is insufficient evidence to award him the Purple Heart and to have this award added to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

* deleting from the former service member's WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal
* adding to his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with four bronze service stars, Belgian Fourragere, and Army of Occupation Medal (Germany)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and its addition to his WD AGO Form 53-55.  



      _______ _   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)                                         AR20130013081



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ABCMR Record of Proceedings (cont)                                         AR20130013081



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