RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            09 MARCH 2004                  
	DOCKET NUMBER:   AR2003092669

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that her deceased husband, a former servicemember (FSM) be awarded the Purple Heart. 

2.  The applicant states that the FSM suffered a concussion and a broken finger when a tank blew up during the first night of the Battle of the Bulge.

3.  The applicant provides a copy of a 24 November 1948 Department of Veterans Affairs (VA) decision awarding the FSM a disability rating for a cerebral concussion; a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge); a copy of a 4 December 1957      VA letter informing the FSM that his claim for disability benefits had been reconsidered; a copy of a document indicating that the FSM had a service connected disability for a nervous disorder, and residuals of a fracture to his right third finger; a copy of a 3 April 2003 letter from the National Personnel Records Center informing the applicant that there was no evidence that the FSM had been wounded in action, and that if she felt an error or injustice had been made, she should apply to this Board for relief; and a copy of a certificate of death showing that the FSM passed away on 13 May 1988.

CONSIDERATION OF EVIDENCE: 

1.  The FSM’s 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.  

2.  The FSM's WD AGO Form 53-55 shows that he was inducted into the Army on 22 April 1941, served in the European Theater of Operations during World War II, participating in four campaigns to include the Ardennes offensive, and returned to the United States to Camp Shelby, Mississippi, where he was discharged on 23 September 1945 in the rank of sergeant.  He had 2 years,        9 months, and 13 days of service in the United States, and 1 year, 7 months, and 18 days of overseas service.  His organization shown on that form was Troop B, 94th Cavalry Reconnaissance Squadron.  He was awarded the Bronze Star Medal, the Good Conduct Medal, the Unit Citation, the American Defense Service Medal, and the European-African-Middle Eastern Campaign Medal.  That form does not show award of the Purple Heart, nor that he was wounded in action.         

3.  An undated Request for Clinical Records (WD AGO Form 284) indicates that the FSM was hospitalized at the "34 Evac" in France from 25 December 1944 to 26 December 1944; and at the "95th US Gen" in France from 28 December 1944 to 8 January 1945.

4.  On 6 June 1945 the FSM's battalion commander recommended that the FSM be awarded the Bronze Star Medal for heroic action in the face of the enemy.  That recommendation indicated that the FSM, a tank destroyer commander with Company A, 773rd Tank Destroyer Battalion, on 19 September 1944, at Lamath, France, "knocked out two Germany tanks with crews," with complete disregard for his own safety while under small arms, hand grenade, and direct tank and indirect artillery fire.  Headquarters, 90th Infantry Division, approved the recommendation.

5.  On 24 November 1948 the VA informed the FSM that he had been awarded a 30 percent disability rating because of a cerebral concussion.  On 4 December 1957 the VA informed him that he was entitled to service connection for a fracture to his right third finger.      
 
6.  The Ardennes Offensive commonly referred to as the Battle of the Bulge, the last German offensive in the west during World War II, began on 16 December 1944 and ended a month later on 25 January 1945.

7.  The Unit Citation and Campaign Participation Credit Register shows that the 773d Tank Destroyer Battalion participated in four campaigns during World War II, and was awarded the Distinguished Unit Citation (now the Presidential Unit Citation) for its actions from 17-22 August 1944, the French Croix de Guerre for its actions from 9-19 November 1944, and occupation credit from 2 May 1945 to 29 September 1945. 

8.  Army Regulation 600-8-22 provides that 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, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under certain conditions, to include in any action against an enemy of the United States.  A physical lesion is not required.  Examples of enemy-related injuries which clearly justify award of the Purple Heart include an injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.  

9.  The Bronze Star Medal is awarded for heroic or meritorious achievement or service.  The "V" device denotes participation in actions of heroism involving conflict with an armed enemy.  

10.  The Army of Occupation Medal is awarded for service for 30 consecutive days while assigned to the Army of Occupation of Germany.  Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany." 

11.  The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was cited for bravery and awarded the Bronze Star Medal for his heroic actions in September 1944.  He was hospitalized in December 1944 and January 1945 during the Battle of the Bulge; and awarded a disability rating by the VA in 1948 for a cerebral concussion.  Although it could be presumed that his injury was as a result of an enemy explosion, medical documents are lacking concerning the cause of his injury.  The evidence in this case concerning the award of the Purple Heart is inconclusive.  There is insufficient evidence to grant the applicant's request for award of the Purple Heart for her deceased husband.       
2.  The FSM's records should be corrected to show award of the Bronze Star Medal with "V" device, vice the entry showing award of the Bronze Star on his WD AGO Form 53-55.  

3.  The FSM is entitled to award of the World War II Victory Medal, the Army of Occupation Medal with "Germany" clasp, the American Campaign Medal, and the French Croix de Guerre.   

BOARD VOTE:

__SAP __  __SLP __  ___BJE__  GRANT 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 showing that he was awarded, the Bronze Star Medal with "V" device, the World War II Victory Medal, the Army of Occupation Medal with "Germany" clasp, the American Campaign Medal, and the French Croix de Guerre.   
 
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. 

		___Samuel A. Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003092669	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040309	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.