BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130018947 


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 he was wounded by "friendly fire" and awarded the Purple Heart.

2.  The applicant states that during the Battle of the Bulge in Operation Greif, English-speaking German soldiers were dressed in American and British uniforms.  Their mission was to cross over into American lines, change signposts, misdirect traffic, and cause disruption.  Allied commanding officers instructed their Soldiers to be extremely cautious at checkpoints.

   a.  An American sentry shot at four Soldiers who were riding in a jeep because he thought they were German soldiers trying to run the checkpoint. However, they were actually American Soldiers.  One Soldier was killed and another (the FSM) was wounded.

   b.  He states a Surgeon General's Office (SGO) health record shows the FSM sustained a non-battle injury on 24 December 1944.  However, the record should be corrected to show the FSM was wounded by "friendly fire."

   c.  He notes, effective 30 November 1993, the law governing the criteria for award of the Purple Heat changed to include members of the armed forces, on or after 7 December 1941, who are killed or wounded as a result of "friendly fire."


3.  The applicant provides copies of:
 
* the FSM's death certificate and obituary
* the FSM's separation and medical records
* post-service correspondence pertaining to his –

* medical records
* award of the Purple Heart

* Purple Heart award criteria

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 (NPRC) 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.  The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted on 10 December 1942, entered active service on 19 February 1943, and honorably discharged on 4 October 1945 with a certificate of disability.  He had completed 2 years and 5 months of continental service; 4 months and 25 days of foreign service; and 2 years, 9 months, and 25 days of total service.  It also shows in:

   a.  Item 3 (Grade):  Private First Class;

	b.  item 4 (Arm or Service):  Army Air Force;

	c.  item 6 (Organization):  Army Air Force (Unassigned);

	d.  item 30 (Military Occupational Specialty [MOS] and Number):  Radio Operator and Mechanic, 2756;

	e.  item 31 (Military Qualification and Date):  Marksman Marksmanship Qualification Badge;

	f.  item 32 (Battles and Campaigns):  None;


	g.  item 33 (Decorations and Citations):

* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal
	
   h.  item 34 (Wounds Received in Action):  "None"; and

   i.  item 36 (Service Outside Continental United States (CONUS) and Return) –

* CONUS – departed 1 October 1944
* European Theater of Operations (ETO) –

* arrived 9 October 1944
* departed on an unknown date

* CONUS – arrived 25 February 1945

3.  Information from the Hospital Admission Cards, Office of The Surgeon General, Department of the Army (1942-1945 and 1950-1954) for the Year 1944 shows the FSM was admitted to a hospital in the ETO on 25 December 1944 for a non-battle injury sustained from a bullet perforating the upper lobe of his right lung.  It also shows that "other or unspecified non-battle injuries includes 'shot by sentry'."

4.  In support of the request, the applicant provides the following documents:

   a.  Army Service Forces, Ninth Service Command, Bushnell General Hospital, Brigham City, UT, Special Orders Number 256, dated 3 October 1945, that discharged the FSM on 4 October 1945 based on physical disability.

   b.  WD AGO Form 100 (Separation Qualification Record) that shows the FSM completed the Radio Operator and Mechanic course and was awarded MOS 2756.  It also shows he was separated on 4 October 1945 at Bushnell General Hospital.

   c.  Bushnell General Hospital, Brigham City, UT, letter, dated 15 October 1946, that shows the Custodial Property Officer notified the FSM that the hospital closed on 30 June 1946 and all records pertaining to the hospital had been transferred to The Adjutant General, Washington, DC, for storage.  He was advised to contact the nearest Veterans Administration facility for further assistance.

   d.  State of Nebraska, Department of Veterans Affairs, letter ,dated 
30 November 1961, that notified the FSM that his disability rating was reduced from 60 percent to 50 percent effective 1 February 1962.

   e.  Veterans Service Office, Red Willow, CO, letter, undated, that shows Mr. Tom S-----, Veterans Service Officer, recounted a conversation he had with the FSM.  He wrote, "He [the FSM] was in World War II.  He went on to describe an incident in which he was riding on the passenger side in the rear of a jeep.  He went on to say the driver of the jeep drove through one of the American check points in Paris.  The guards opened fire on the jeep sending a bullet through his right side hitting his lung, [it] came out the front of him, and killed the Soldier in the front passenger seat.  He went on to say they would not award the Purple Heart because his wound was from 'friendly fire'.  He heard recently that was not right and was wanting his medal."

   f.  U.S. Army Human Resources Command (HRC), Fort Knox, KY, memoranda, dated 1 July 2013 and 2 August 2013, that show the Chief, Awards and Decorations Branch, notified the Honorable John M----, United States Senator, that the Army was unable to verify the FSM's entitlement to the Purple Heart.  Specifically, it could not be determined if the FSM's injuries were inflicted by a hostile combatant or were the direct result of enemy action.  Based on the FSM's Army Air Force service, it was suggested that the Air Force Historical Research Agency may have additional information regarding the incident.

   g.  Headquarters, Air Force Personnel Center, Joint Base San Antonio -Randolph, TX, memorandum, dated 10 September 2013, that shows the Superintendent, Air Force Recognition Programs, notified the applicant that the Air Force was unable to verify the FSM's entitlement to the Purple Heart.  Specifically, it could not locate official documentation concerning the circumstances of the injury.  The applicant was advised to provide specific information and a detailed account of the circumstances surrounding the FSM's injury for consideration by the Purple Heart Review Board.

   h.  A letter from the applicant to the Superintendent, Air Force Recognition Programs, dated 23 September 2013, that provided documentation pertaining to the FSM's injury for consideration by the Purple Heart Review Board.  [A copy of the response or decision of the Purple Heart Review Board was not provided.]

   i.  HRC, Fort Knox, KY, memoranda, dated 3 October 2013, that shows the Assistant Chief, Awards and Decorations Branch, notified the applicant that, based on the documentation provided and as stated in previous correspondence, the Army was unable to verify the FSM's entitlement to the Purple Heart.

5.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows the Purple Heart is awarded to any member who was wounded or killed in action.

   a.  A wound is 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.
   
   b.  In order to support awarding a member the Purple Heart, it is necessary to establish 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.

   c.  The regulation provides examples of injuries or wounds which clearly do not justify award of the Purple Heart that, in pertinent part, shows accidents, to include explosive, aircraft, vehicular, and other accidental wounding or injury not related to or caused by enemy action.

7.  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's request, on behalf of the FSM, to correct the FSM's records to show he was wounded by "friendly fire" and awarded the Purple Heart because the FSM was shot by an American sentry who thought he was a German soldier was carefully considered.

2.  The "SGO Files" show the FSM sustained a non-battle injury from a bullet perforating the upper lobe of his right lung when he was shot by a sentry.

3.  The evidence of record shows that both the U.S. Army and U.S. Air Force award approval authorities considered the evidence and determined there was insufficient available evidence to award the FSM the Purple Heart.

4.  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 [emphasis added] who were killed or wounded as a result of "friendly fire."

   a.   The evidence of record shows that accidents, including accidental wounding or injury not related to enemy action, do not justify award of the Purple Heart. 

   b.  There is no evidence of record that shows the FSM was directly engaged in armed conflict when he was accidentally shot.

   c.  Thus, the FSM is not entitled to award of the Purple Heart based on the "friendly fire" provisions of the Purple Heart award criteria.

5.  Therefore, in view of all the foregoing, there is insufficient evidence to support the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  __X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others to know that the sacrifices of the former service member 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)                                         AR20130018947



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ABCMR Record of Proceedings (cont)                                         AR20130018947



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