IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150004012 


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 daughter of a deceased former service member (FSM), requests her father be posthumously awarded the Purple Heart.

2.  The applicant states, in effect, the FSM was severely injured in the line of duty during World War II and because he was an African American Soldier he may not have known the value of such a prestigious honor as the Purple Heart.  She believes he earned this honor due to the severe head injuries he sustained and that those same injuries affected his ability to pursue the matter.

3.  The applicant provides her birth certificate, two Congressional requests for assistance, and the FSM’s:

* WD AGO Form 100 (Army of the United States-Separation Qualification Record)
* WD AGO Form 40 (Certificate of Disability for Discharge)
* Veterans Administration Form P-80a (Award of Disability Compensation or Pension-Service Connected)
* Certificate of Death
* Marriage License

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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 in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, a partially reconstructed record is available and the applicant provided a copy of the FSM's Certificate of Disability for Discharge and Separation Qualification Record.  These documents are sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  His reconstructed record contains a hospital admission card created by the Office of the Surgeon General for the year 1945.  This document shows the applicant underwent a craniotomy or craniectomy (creation of opening in the skull) or cranioplasy for chronic sinusitis: nasal accessory, general and osteomyelitis, hematogenous, acute.

4.  The applicant provides a Certificate of Disability for Discharge, dated 29 May 1946, which shows the FSM entered active service on 19 January 1943.  He subsequently underwent a critical examination at Lawson General Hospital, Atlanta, GA and after careful consideration of all information obtainable the FSM was diagnosed with ostemyelitis (infection of the bone), frontal bone, chronic, sequel to frontal sinusitis, incurred on 9 December 1944.  His treatment included:

* right frontal craniectomy for osteomyelitis, 5 September 1945
* craniotomy, excision osteomyelitis, frontal bone, obliteration ethmoid sinus, 30 January 1946
* re-exploration, excision, and drainage, ostemyelitis, ethmoid frontal, 
27 April 1946

5.  The Medical Board found that his disease or injury was incurred in the line of duty and recommended the FSM be transferred to the Veterans Administration Facility in Columbia, SC.

6.  Item 36 of his WD AGO Form 40 indicates the FSM’s record did not show he participated in action or in battles or suffered wounds or other injuries during his service.

7.  The FSM was honorably discharged due to disability on 5 June 1946.

8.  There are no orders awarding the FSM the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM should be awarded the Purple Heart for a severe head injury he sustained in World War II.

2.  The available evidence shows the FSM was diagnosed with chronic osteomyelitis and he underwent several medical procedures to include a craniectomy and a craniotomy.  As a result of his medical condition he was discharged due to disability in June 1946.  There is no evidence to show this medical condition (that could appear as a head injury) was the result of being wounded in action or as a result of enemy action.  In addition, the FSM's WD AGO Form 40 specifically states the record was void of his participation in action or in battles or being wounded or injured in service. 

3.  The Army regulatory guidance governing the criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound must have required treatment by medical personnel, and the record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

4.  Notwithstanding the applicant's sincerity, there is no evidence in the FSM’s available record that shows he incurred an injury while engaged in combat.  In the absence of evidence that shows he was wounded/injured as a result of enemy action, and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5. The applicant and all others concerned should know that this action related to award of the Purple Heart in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.

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)                                         AR20150004012



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ABCMR Record of Proceedings (cont)                                         AR20150004012



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