IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20160013916 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 IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20160013916 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20160013916 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 requests reconsideration of his previous application for correction of his record to show he was awarded the Purple Heart. 2. He states he believes his records were destroyed in the 1973 fire at the National Personnel Record Center (NPRC), and he respectfully asks the Board to reconsider his request. a. During the Battle of Kesternich, they were in a well-camouflaged foxhole in a field just outside of the town of Kesternich. The Germans refused to give up the town, and they ended up in a defensive position just trying to hold on and stay out of sight. They were short on men and ammunition. Late one afternoon during the battle, a Sherman tank came toward them and would have run them over if they hadn't exposed themselves and screamed at the tank crew to stop. The tank was able to change course, but the Germans had seen them and dropped a mortar round on their position. He was wounded by this mortar round. b. Captain A_____ F. V__ D___ witnessed the blast and was able to get him to an aid station where he remained a few days with a concussion, cuts, and abrasions from the German mortar blast. While in the aid station, he was given paperwork to complete for a Purple Heart. He refused to complete the paperwork as his mother back in Minnesota had recently had a heart attack and a nervous breakdown. Any news of him being wounded in action from the War Department would probably have caused her to pass away. His mother passed away just weeks after he returned home in 1946. Captain V__ D___, who received two Purple Hearts during World War II, wrote a personal statement on 21 February 1997 about witnessing the German mortar blast and his (the applicant's) injuries. Captain V__ D___ passed away in March 1997. 3. The applicant provides the documentation provided in support of his previous request. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150014011 on 26 July 2016. 2. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant has provided records in support of his previous application, including a WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), that provide a sufficient basis for addressing his request. 3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 18 June 1943 and entered active duty on 3 July 1943. He was honorably discharged on 19 March 1946 after completing 1 year, 3 months, and 17 days of net service in the continental United States and 1 year and 5 months of foreign service. The WD AGO Form 53-55 shows in: * Item 30 (Military Occupational Specialty) - Heavy Mortar Crewman, 1607 * Item 31 (Military Qualification and Date) –Combat Infantryman Badge and marksmanship badges * Item 32 (Battles and Campaigns) – he participated in three campaigns – Ardennes, Rhineland, and Central Europe * Item 33 (Decorations and Citations) – Bronze Star Medal, Army Good Conduct Medal, American Campaign Medal, and European-African-Middle Eastern Campaign Medal * Item 34 (Wounds Received in Action) – None * Item 36 (Service Outside Continental U.S. and Return) – arrived in the European Theater of Operations (ETO) on 25 October 1944 and departed the ETO on 3 March 1946 5. In support of his previous request, the applicant provided: a. Letter of support from Captain V__ D___, dated 21 February 1997, that states: * in December 1944, Company H, 309th Infantry Regiment was near Kesternich, Germany * a mortar shell exploded almost directly over the foxhole occupied by the applicant * he and others took the applicant to the aid station; he believes the applicant suffered a concussion, cuts, and abrasions * he remembered that after being treated for his wounds, the applicant returned to the company; he served bravely, courageously, and capably as his runner b. Newspaper clipping noting the death of the his mother in May 1946. Also included is a webpage with pictures of her gravesite. c. Wikipedia webpage with an entry regarding the Battle of Kesternich; it gives a description of the battle. d. Photocopy of a document titled History of the Mortar Platoon, Company H, 309th Infantry Regiment. It describes the Ardennes Campaign, noting events that took place on 13 December 1944. It includes testimonials from members of the unit. While some of the testimonials include the ranks of some of the Soldiers (particularly the noncommissioned officers and the commissioned officers), most only give a last name. Only one entry mentions a Soldier with the applicant's last name. It states: A________, M_______ [applicant's last name], C______, F___, P_____, and B______ were bringing up rations. They followed a platoon of Company F from Lammersdorf to the intersection where they crossed a foot bridge. There were two blinding flashes and about thirty men fell to the ground..... REFERENCES: Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound or injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound or injury was the result of hostile action, the wound or injury must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. a. A wound is defined as any injury to any part of the body from an outside force or agent. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination by a medical officer or physician. Additionally, treatment of the wound will be documented in the Service member's medical or health record. b. Examples of enemy-related injuries that clearly justify award of the Purple Heart include injury by an enemy bullet or shrapnel, enemy-placed trap or mine, and concussion injuries caused by enemy-generated explosions. DISCUSSION: 1. The criteria for an award of the Purple Heart require substantiating evidence to verify that a wound or injury was the result of hostile action, that the wound or injury required treatment by a medical officer, and that the medical treatment was made a matter of official record. 2. In support of his request, the applicant provided a statement from Captain V__ D___, who had a vantage point from which he would have been aware of the injuries the applicant incurred. He stated he and others took the applicant to the aid station after a mortar round explosion over the applicant's foxhole, and he stated he believed the applicant suffered a concussion, cuts, and abrasions as a result of the explosion. He also stated the applicant returned to the company after receiving medical treatment and served as his runner. 3. The applicant explains that he refused to complete paperwork for the Purple Heart out of concern for his ill mother. The evidence strongly suggests he had legitimate reasons to be concerned for her health considering that she died shortly after he was discharged. Completing the Purple Heart paperwork would likely have triggered notification of his next of kin and/or a hometown news release. 4. The available records do not include any of the medical records that would have been created by the medical providers who treated the applicant independent of the Purple Heart paperwork he elected not to complete. 5. The Board must decide, in the absence of medical records, if the available evidence is sufficient as a basis for determining the applicant met (or would have met) the criteria for award of the Purple Heart for the injuries described in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013916 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013916 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2