BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160002097 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160002097 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 concerned to know this action in no way diminishes the sacrifices made by his father in service to our Nation. The applicant and all Americans should be justifiably proud of his father's 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. BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160002097 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 award of the Silver Star and Purple Heart to his late father. 2. The applicant states, in effect, his father served in the Army from 7 December 1942 to 2 January 1946. He did not receive the Purple Heart or the Silver Star while serving in Italy during World War II with the 88th Division. His father was in the hospital in Italy for more than 30 days after being injured by an artillery shell. He received head and stomach injuries; bleeding from the nose, mouth, and ears; and a concussion. 3. The applicant provides: * FSM's death certificate * FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) * FSM's Honorable Discharge Certificate * FSM's WD AGO Form 100 (Separation Qualification Record) * correspondence with the National Archives * correspondence from an individual who conducted research concerning the FSM's unit and/or hospitalization * reconstructed World War II Morning Reports * Company Morning Report(s) * Index Card * document titled "Record of Events" (Organization Relocation) * U.S. Army Surgeon General's Office Hospitalization File Listing for 1944 * letters from the applicant's Member of Congress to the applicant and the National Personnel Records Center (NPRC) * letter from the Director, NPRC, to the applicant's Member of Congress * Constituent's Inquiry email message * U.S. Army Human Resources Command (HRC) letter authorizing the FSM the Bronze Star Medal * letters from HRC to the applicant's Member of Congress regarding the Purple Heart and Silver Star * email and/or letters to the applicant's Member of Congress] * Patient Discharge Summary (William Beaumont Hospital Corporation), dated between 2005 and 2006 * four compact discs containing an extensive number of x-ray images, computed tomography scans, and/or magnetic resonance imaging (MRI) * letter from the Army Review Boards Agency to the applicant * applicant's birth certificate 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC 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. 3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active duty in Detroit, MI, on 7 December 1942. This form also shows he held military occupational specialty (MOS) 056 (Mail Clerk) at the time of separation and he was assigned to the 52nd Chemical Company. 4. His WD AGO Form 53-55 also shows the FSM: * departed the continental United States (CONUS) on 1 July 1944 and arrived in Mediterranean (European) theater of operations (MTO) on 15 July 1944 * departed the MTO on 29 June 1945 and arrived in the Central Pacific theater of operations (CPTO) on 17 August 1945 * departed the CPTO on an unknown date and arrived in CONUS on 17 December 1945 5. The FSM's WD AGO Form 100 shows he performed the duties of MOS 745 (Rifleman) for 25 months and the duties of MOS 056 for 5 months. This form also shows: * he was assigned to the 351st Infantry Regiment, 88th Division * he worked as a mail clerk for the company – he went to the post office and picked up all mail and distributed it to the men * he served overseas for 18 months in the European and Asiatic Pacific theaters of operations * he was awarded three battle stars for service in the European theater of operations 6. The available evidence contains the following orders or Company Morning Reports: a. Company Morning Report for Company G, 351st Infantry Regiment, dated 1 October 1944, listing the names of several Soldiers, including the FSM, who were in a patient status as of 16 September 1944 per paragraph 6 of Special Orders (SO) Number 226, Headquarters, 73rd Station Hospital, dated 16 September 1944. b. SO Number 249 issued by Headquarters, 12th General Hospital, on 3 October 1944, listing several Soldiers of the 351st Infantry Regiment, including the FSM, presumably assigned or attached to the "Det of Pents [Detachment of Patients]," 12th General Hospital. c. SO Number 259 issued by Headquarters, 12th General Hospital, on 3 October 1944, listing several Soldiers of the 351st Infantry Regiment, including the FSM, released from assignment to the Detachment of Patients, 12th General Hospital, and transferred to the 7th Replacement Depot through the 538th Replacement Company. 7. General Orders Number 13 issued by Headquarters, 351st Infantry Regiment, on 1 May 1945, awarded the FSM the Combat Infantryman Badge for exemplary conduct in action against the enemy on 30 September 1944 while assigned to Company G. 8. The FSM was honorably separated on 2 January 1946. He completed 3 years and 26 days of continental service and 1 year, 5 months, and 7 days of foreign service. His WD AGO Form 53 further shows in: * item 31 (Military Qualifications and Date (i.e., infantry, aviation, and marksmanship badges, etc.)) – he was awarded a Marksman Marksmanship Badge (Rifle) and Combat Infantryman Badge * item 32 (Battles and Campaigns) – he participated in the Rome-Arno and the North Apennines campaigns – this block also lists the entry "Anti-Submarine" * item 33 (Decorations and Citations) and item 55 (Remarks) – he was awarded or authorized the Good Conduct Medal, American Theater Service Medal, European-African-Middle Eastern Theater Service Medal, Asiatic-Pacific Theater Service Medal, two overseas service bars, and Army Lapel Button * item 34 (Wounds Received in Action) – contains the entry "None" 9. His reconstructed records contain documents compiled from his hospitalization file listing for the year 1944, by the Office of the Surgeon General. This information shows he was admitted to a General Hospital in September 1944 in the European area of operations for a disease, not in line of duty, existed prior to service, and he was discharged from hospitalization in October 1944. His diagnosis was "psychoneurosis, mixed." 10. On 10 January 2000 in a letter to the FSM's daughter, the Chief, Military Awards Branch, HRC, responded to her letter to President Clinton, dated 15 November 1999, concerning her desire to see her father awarded the Purple Heart, Silver Star, and Bronze Star Medal. The Military Awards Branch Chief stated: a. The NPRC is the agency responsible for the replacement of medals for veterans and retirees. If orders announcing awards of the Silver Star and Bronze Star Medal were in her father's Official Military Personnel File, they would authorize issuance of the medals. b. Regarding the Purple Heart, an individual is entitled to the Purple Heart when certain criteria have been met. The criteria for award of the Purple Heart require that it will be awarded to Soldiers for wounds or injuries received as a direct result of enemy action. Official documentation reflecting medical treatment immediately following the incident must be provided. If medical documents supporting entitlement to an award of the Purple Heart are found in his official records, they will forward the documents to the Military Awards Branch for a determination of entitlement to the award. 11. On 14 December 2005 in a letter to the FSM, the Chief, Military Awards Branch, HRC, responded to the FSM's letter concerning his desire to receive the Purple Heart and Bronze Star Medal. The Military Awards Branch Chief stated: a. The criteria for award of the Purple Heart require it to be awarded to Soldiers for wounds or injuries received as a result of enemy action. The wounds must have required treatment by medical personnel and made a matter of official record. Official documentation reflecting medical treatment for the wounds or injuries must be provided. A review of the Surgeon General's Hospital Admission records indicates he was treated for psychoneurosis in September 1944. He claimed to have sustained injuries from an artillery shell which resulted in a concussion; bleeding from the eyes, nose, and mouth; as well as stomach injuries. Unfortunately, no official documentation of these injuries could be found. If he were receiving veterans' benefits for service connection for his injuries, the Military Awards Branch Chief recommended contacting his Veterans Service Officer for a review of his claims file and any available service medical records. If documentation can be located reflecting treatment for wounds received as a direct result of enemy action, he could forward it to the Military Awards Branch for review and determination. b. Additionally, verification of entitlement may be possible by conducting a review of Unit Morning Reports for the period in question. To obtain these reports, he must specifically request them and should provide detailed information concerning his injuries to the NPRC. Specific unit of assignment, down to company level, the dates involved, the name of the servicing medical unit, along with a service number, will allow them to conduct a thorough search of all available reports. If documentation can be located to substantiate an award of the Purple Heart, they would provide him and this office with the necessary information so that a final determination could be made. c. Recipients of the Combat Infantry Badge for the period 7 December 1941 to 2 September 1945 are authorized a conversion award of the Bronze Star Medal. Based on the documentation provided in support of his request, a conversion award is approved. He was issued permanent orders announcing award of the Bronze Star Medal, a Bronze Star Medal Certificate, and an engraved medal set. He would also be issued a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) amending his WD AGO Form 53-55 to reflect award of the Bronze Star Medal. 12. The FSM died on 8 July 2006. 13. Around July 2014 in a letter to the FSM's son (Applicant), the Chief, Military Awards Branch, HRC, responded to his request concerning his desire to obtain an award of the Purple Heart and the documentation for the Bronze Star Medal for his late father's military service during World War II. The Military Awards Branch Chief stated: a. Based on review of the forwarded documentation and additional resources available to the Military Awards Branch, HRC was unable to verify the FSM's entitlement to the Purple Heart. The criteria for award of the Purple Heart require it to be awarded to Soldiers for wounds or injuries received as a direct result of enemy action. The wounds must have required treatment by medical personnel and been made a matter of official record. Official documentation reflecting medical treatment must be provided. HRC located a Surgeon General's Hospital Admission Record indicating the FSM was treated for psychoneurosis in September 1944; however, HRC was unable to locate any documentation reflecting any injuries as a result of enemy action. b. Verification of the FSM's entitlement may be possible by conducting a review of unit morning reports for the period in question. During the World War II era, annotations were normally made in each unit's daily morning reports (company level) when Soldiers were injured in the line of duty. To obtain these reports, he must request them from NPRC. When requesting unit morning reports from NPRC, he should provide detailed information concerning the FSM's injuries, including his units of assignment (down to company level), the dates involved, the name of any servicing medical unit, and a service number. If documentation can be located to support an award of the Purple Heart, NPRC will provide him with the necessary information so that a final determination can be made. c. HRC verified the FSM's entitlement to the Bronze Star Medal. The Bronze Star Medal is based on his award of the Combat Infantryman Badge. Individuals who were cited by name in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the enemy, on or after 7 December 1941 and prior to 3 September 1945, were authorized award of the Bronze Star Medal. An award of the Combat Infantryman Badge during the specified period was considered as a citation in orders for meritorious conduct in ground combat. A copy of the permanent orders and certificate were enclosed. d. Additionally, HRC verified the FSM's entitlement to the European-African­ Middle Eastern Campaign Medal with three bronze service stars and American Campaign Medal with one bronze service star which are incorrectly listed on his WD AGO Form 53-55. The enclosed DD Form 215 amended the FSM's WD AGO Form 53-55 to reflect his entitlement to these awards. 14. On 24 July 2014, HRC issued the FSM a DD Form 215 that: * deleted award of the American Theater Service Medal and European-African-Middle Eastern Campaign Medal * added award of the American Campaign Medal with one bronze service star and European-African-Middle Eastern Campaign Medal with three bronze service stars 15. On 4 May 2015 in a letter to the applicant's Member of Congress, the Chief, Military Awards Branch, HRC, responded to his request concerning his desire to obtain the Silver Star and Purple Heart for the FSM. The Military Awards Branch Chief stated: a. Due to the limited historical resources provided with his request and available to the Military Awards Branch, HRC was unable to authorize these awards for issuance. If the applicant has not already done so, he should contact the National Archives and Records Administration at College Park, MD, to request a review of the records of his father's unit and higher headquarters for documentation to support his Silver Star request. If original documentation could be located, the FSM may be considered for the Silver Star under the provisions of Title 10, U.S. Code, section 1130, which allows for the referral of an award recommendation by a Member of Congress. The Military Awards Branch Chief enclosed a checklist detailing the procedures for submitting a retroactive award recommendation and a sample DA Form 638 (Recommendation for Awards) for his use. b. Concerning his request for the Purple Heart, HRC has not yet received military medical records from immediately after or close to the incident noting his father's treatment for wounds or injuries received as a direct result of enemy action. Documents of this nature have been requested in previous correspondence with him on multiple occasions. HRC acknowledges that with the passage of time, such evidence may be difficult to obtain; however, HRC must insist upon this documentation to maintain the integrity of the Army's awards program and ensure the regulations and policies governing this award are met. c. If the applicant has not already done so, he should petition the ABCMR for award of the Purple Heart. As the highest adjudicating authority, the Board acts on behalf of the Secretary of the Army and has final authority over matters of this nature. However, informing him of this course of action does not necessarily mean the application will be favorably considered. The Board will adjudicate each case on its merit and the burden of proof remains with the applicant. 16. On 14 December 2015, HRC issued the FSM a second DD Form 215 that added award of the Bronze Star Medal (based on award of the Combat Infantryman Badge). 17. The applicant provided: a. correspondence with an individual who conducted a research of the FSM's unit and/or hospitalization. The individual reiterated the FSM's hospitalization as reflected on the orders issued by the 12th General Hospital in 1944. The individual opines that it is possible the FSM was discharged from his initial care at the General Hospital for 13 days in September/October 1944 (shell shock/ psychoneurosis), then was sent to another facility for additional treatment or perhaps for rest. But the individual was unable to determine where that might have been. b. reconstructed World War II morning reports that show the FSM had a status change from the 351st Infantry Regiment in August 1944. In September 1944, he and seven other members' transferred to 5th Army. In October 1944, the FSM was not assigned when the hospital was emptied of its patients. Hospital staff (medical detachment) travelled to Rome on 14 November 1944 where they boarded a train to Naples to reestablish the 12th General Hospital there. c. Company Morning Report, dated 30 September 1944. It shows the station as "Pietralata (Rome), Italy" and the organization as "Detachment/Patients, 12th General Hospital." The report lists several Soldiers who were attached for observation or treatment or relieved from attachment. d. Company Morning Report, dated 1 October 1944, listing the station as "Vicinity of Castel del Rio, Italy" and the organization as "Company G, 351st Infantry Regiment." The report shows several enlisted members, including the FSM, were presumably attached or assigned to the 73rd Station Hospital by authority of SO Number 226 issued by Headquarters, 73rd Station Hospital. e. Company Morning Report, dated 13 October 1944, listing the station as "Pietralata, Italy" and the organization as "Detachment/Patients, 12th General Hospital." This report shows five enlisted members were attached for treatment and observation to this hospital by authority of SO Number 259, dated 13 October 1944, issued by Headquarters, 12th General Hospital. f. Company Morning Report, dated 20 October 1944, listing the station as "Vicinity of Sassolsone, Italy" and the organization as "Company G, 351st Infantry." This report shows three enlisted members were transferred to the Detachment of Patients, 12th General Hospital, as of 3 October 1944 by authority of SO Number 249, issued by Headquarters, 12th General Hospital, dated 3 October 1944. g. Company Morning Report, dated around 14 November 1944, listing the Station as "Naples, Italy" and the Organization as "Detachment/Patients, 12th General Hospital." The entry "No Change" appears in the middle of this report The number "2" appears under the heading "Enlisted Men, absent, attached unassigned." h. a document listing several names, including the FSM's. This document shows his unit as Company G, 2nd Battalion, 341st Infantry Regiment, and his grade as private first class. It also shows "Psychoneurosis anxiety, moderate." i. a document, titled "Record of Events." This document reads "14 November 1944, Naples, Italy. Organization departed for Pietralata, Italy at 0800 hours by truck for Rome. Arrived at 0830 hours. Distance travelled: 5 miles. Entrained at Rome, Italy and left for Naples, Italy at 1050 hours. Arrived at 2330 hours. Distance travelled: 160 miles. Unit now staging." j. letter exchange between the NPRC and the applicant's Member of Congress in relation to the FSM's service records and/or morning reports. k. four compact discs containing an extensive number of x-ray images, computed tomography scans, and/or MRIs. l. Patient Discharge Summary, dated 1 February 2005, from William Beaumont Hospital Corporation. Included in this summary is a document titled "Medical/Surgical Admissions Assessment" that shows the entries next to the section "MRI Questions": * Pacemaker/Defibrillator: No Ear/Eye Implant * Metal Shrapnel/Fragment: No magnetic * Implant: Surgical Clips/Staples: No * Infusion Pump for Pain: No Claustrophobic REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained in action against and enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. (1) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. (2) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. b. The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. Except for award recommendations submitted in accordance with the provisions of Title 10, U.S. Code, section 1130, which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to Title 10, U.S. Code, section 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with Congressional reporting requirements under Title 10, U.S. Code, section 1130. 2. Title 10, U.S. Code, section 1130, allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. a. In order to request an award under Title 10, U.S. Code, section 1130, you must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed. The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which an applicant is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. b. A request of this nature must be referred to the Service Secretary from a Member of Congress. Therefore, an applicant must submit the request through a Member of Congress who will send it to the U.S. Army Human Resources Command (HRC), Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. c. If an applicant chooses to pursue the award(s) requested by submitting a request under the provisions of Title 10, U.S. Code, section 1130, and the applicant's request is subsequently denied by HRC, the applicant may reapply to the ABCMR, using the DD Form 149 (Application for Correction of Military Records). 3. According to the Army Review Boards Agency Medical Advisor/Psychologist, "neurosis" was a term for a class of functional mental disorders involving chronic distress but neither delusions nor hallucinations. The term is no longer used by the professional psychiatric community in the United States, having been eliminated from the Diagnostic and Statistical Manual of Mental Disorders in 1980 with the publication of Diagnostic and Statistical Manual of Mental Disorders, Third Edition . Neurosis should not be mistaken for psychosis, which refers to a loss of touch with reality. Neither should it be mistaken for neuroticism, which is a fundamental personality trait according to psychological theory. DISCUSSION: 1. With respect to award of the Silver Star: a. The available evidence is void of any formal recommendation or orders showing the FSM was awarded the Silver Star. There is no available documentary evidence and the applicant did not submit any substantiating evidence showing the specific acts of heroism and courage against the enemy that the FSM performed with marked distinction that led to meeting the criteria for award of the Silver Star. b. Nevertheless, while the available evidence is insufficient to award the FSM the Silver Star, this in no way affects the applicant's right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 2. With respect to award of the Purple Heart: a. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound required treatment by a medical officer, and the medical treatment was made a matter of official record. b. The available evidence (Surgeon General's Hospital Admission Records) shows the FSM was admitted to the hospital for observation and/or treatment for psychoneurosis in September 1944. Psychoneurosis is a mental disorder involving chronic distress. c. There is no evidence in the FSM’s reconstructed records and the applicant did not provide substantiating evidence showing the FSM was wounded or injured, that his injury was caused by enemy action, that he was treated for such injury by a medical officer, or that his treatment was made a matter of official record. d. Notwithstanding the applicant's sincerity and the FSM's honorable service during World War II, in the absence of documentary evidence showing the FSM was wounded or injured as a result of hostile action and treated for those wounds, regrettably, the criteria for award of the Purple Heart has not been met. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002097 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002097 13 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2