BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140007017 


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 that the FSM be awarded the Purple Heart.  

2.  He states that after his father's death on 1 January 2013, the family contacted the National Personnel Records Center (NPRC) to obtain a copy of the citation awarding him the Bronze Star Medal.  They received a document concerning the Purple Heart.  The FSM felt he was eligible for the Purple Heart, but his family knew nothing of this.  They are requesting that the Department of the Army revisit the FSM's request and make a final adjudication.  He indicates the FSM was serving as a squad leader in Company G, 163rd Infantry Regiment, 41st Infantry Division, in New Guinea in February or March 1943.  

3.  He provides:

* Certificate of Birth
* Last Will and Testament of [FSM] and Power of Attorney
* Medical Examiner/Coroner Certificate of Death
* correspondence between the FSM and a Member of Congress
* memorandum, subject:  Light Duty
* correspondence from NPRC to a Member of Congress and the FSM
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)



CONSIDERATION OF EVIDENCE:

1.  The FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at NPRC, St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant and records contained in a reconstructed record at NPRC.

2.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 13 October 1941.  He arrived in the Asiatic-Pacific Theater on 7 April 1942, and he departed on 25 March 1944.  He was credited with participation in the New Guinea and Papua campaigns, and he was awarded the: 

* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Asiatic-Pacific Campaign Medal with two bronze service stars
* Army Good Conduct Medal
* American Defense Service Medal
* Distinguished Unit Citation (now called the Presidential Unit Citation)

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

4.  A memorandum, subject:  Light Duty, dated 17 December 1943, shows an Army Medical Corps officer serving with the Office of the Chief of Surgical Service, 92nd Evacuation Hospital (Semi-mobile) notified the applicant's unit that he was being discharged to duty.  The officer stated the FSM was almost healed from a very extensive incision of a recurrent pilonidal sinus (a small cyst or abscess that occurs in the cleft at the top of the buttocks that can cause severe pain and often becomes infected).  The officer further stated the healing of his wound would not reach maximum strength for several months and it would be injurious or detrimental to reassign him to full combat duties.

5.  He was honorably discharged on 19 September 1945.

6.  The available military service records are void of evidence showing the FSM was wounded in action.  

7.  In letters dated 2 and 16 May 2001, the FSM asked his Member of Congress to make an inquiry to determine if he was eligible for the Purple Heart.  He stated he believed he was eligible for the award.  He stated that while serving as an infantry Soldier during the New Guinea campaign in 1942-1943, he severely injured his back, which resulted in two operations, one at a hospital in New Guinea and another at a hospital in Australia.  He was then assigned to duty in the United States at Camp Edwards, MA, because he was unable to continue as a combat Soldier.  While he was not actually hit by enemy fire, it was his reaction to enemy fire that caused his injury.  He received the injury to his back on a dive for cover to avoid being hit by enemy fire.  

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  Review of the available records indicates the FSM is entitled to awards that are not listed on his WD AGO Form 53-55.  

10.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The FSM stated he had injured his back when he dived for cover to avoid being hit by enemy fire.  Injuries incurred while taking cover are not considered to have been caused by the enemy and are not a basis for award of the Purple Heart.  The medical documentation available to the Board only shows that he was treated for a recurrent pilonidal sinus, a medical condition that is not a basis for award of the Purple Heart.  

2.  In view of the foregoing, there is an insufficient evidentiary basis upon which to award the Purple Heart to the FSM.  

3.  The FSM was awarded the Combat Infantryman Badge during World War II.  Based on this award, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

4.  The FSM served during the period of eligibility for the World War II Victory Medal.  He is entitled to correction of his WD AGO Form 53-55 to show this award.

5.  The evidence shows that the FSM's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of his 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.

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

* posthumously awarding the FSM the Bronze Star Medal based on his award of the Combat Infantryman Badge





* adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and World War II Victory Medal
      
      
      
      _______ _   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)                                         AR20140007017





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ABCMR Record of Proceedings (cont)                                         AR20140007017



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