RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 OCTOBER 2005 DOCKET NUMBER: AR20050001540 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. Jessie B. Strickland Analyst The following members, a quorum, were present: Mr. James Vick Chairperson Mr. Conrad Meyer Member Ms. Linda Barker Member 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 the records of her deceased husband, a former service member (FSM) be corrected to reflect his award of the Purple Heart. 2. The applicant states, in effect, that at the time the FSM was discharged, his award of the Purple Heart was omitted from his report of separation (WD AGO Form 53-55). She goes on to state that the FSM was awarded the Purple Heart for a wound to the left thigh while in the Pacific Theater of Operations (PTO) while trying to pull another Soldier into a foxhole. She further states that she desires the correction out of respect for his memory and to recognize his combat contributions and bring emotional closure to the family. She also states that the FSM was receiving disability compensation from the Department of Veterans Affairs (VA). 3. The applicant provides a copy of the FSM’s WD AGO Form 53-55, a copy of the FSM’s disability compensation from the VA, a copy of the FSM’s death certificate, a copy of her daughter’s birth certificate and two statements from the FSM’s family doctor. 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 his 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 was inducted on 12 March 1943 and entered active duty in New Cumberland, Pennsylvania, on 13 March 1943. He completed his training as a heavy truck driver and departed for New Guinea on 27 March 1944, where it appears he served with the 737th Anti-Aircraft Automatic Gun Battalion. 3. Information obtained from the hospital admission cards created by the Department of the Army, Office of The Surgeon General for the period of 1942 to 1945, indicate that the FSM was admitted to a hospital in the Southwest Pacific in November 1944 for observation for nervous and mental disease. 4. He departed the PTO on 5 January 1946 and arrived in the United States on 20 January 1946. He was transferred to Fort Indiantown Gap, Pennsylvania, where he remained until he was honorably discharged on 3 February 1946. He had served 2 years, 10 months and 17 days of total active service and 3 days of lost time. Item 34 “Wounds Received in Action” of his WD AGO Form 53-55 contains the entry “None.” The FSM authenticated the form with his signature and right thumb print. He was awarded the Good Conduct Medal, the Philippine Liberation Medal with one bronze service star, the American Campaign Medal, the Asiatic-Pacific Service Medal with two bronze service stars and the World War II Victory Medal. 5. The documents provided by the applicant from the VA indicate that the FSM was awarded disability compensation of 70% for a nervous condition and scar to the left thigh. The letters from the family doctor indicate that the FSM suffered a gunshot wound while in the service and that he had the sequelae of continuous tremor and decreased sensation of the right arm and weakness of the lower extremities. 6. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 2. The available evidence fails to show that the FSM was wounded as a result of enemy action and that treatment was made a matter of record. Therefore, in the absence of evidence to the contrary, there appears to be no basis to add the award of the Purple Heart to the FSM’s records at this time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____JV__ ____CM_ ___LB___ 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. ______________________ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON DATE BOARDED 20051026 TYPE OF DISCHARGE (HD) DATE OF DISCHARGE 19460203 DISCHARGE AUTHORITY AR 615-365 DISCHARGE REASON DEMOB BOARD DECISION (DENY) REVIEW AUTHORITY AR 15-185 ISSUES 1. PH 2. 3. 4. 5. 6.