RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2007 DOCKET NUMBER: AR20070010779 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. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. Jeffrey C. Redmann Chairperson Mr. John G. Heck Member Mr. Qawiy A. Sabree 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, as the widow of a deceased former service member (FSM), requests that the FSM be awarded the Purple Heart. 2. The applicant states that the FSM was told in the hospital that he was eligible for the Purple Heart, but he never got it. 3. The applicant provides a personal statement; a newspaper article; the FSM’s WD AGO Form 0857 (Officer Qualifications Record); a Certificate of Service; a copy of their marriage certificate; copies of their birth certificates; a copy of their children’s birth registration notices; a copy of the FSM’s certificate of death; an Award of Disability Compensation or Pension notification; the FSM’s WD AGO Form 100 (Separation Qualification Record); and the FSM’s WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service). 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 enlisted in the Army in February 1941. He completed Officer Candidate School, was appointed a second lieutenant, and entered active duty on 8 October 1942. He arrived in the European-African-Middle Easter Theater of Operations on 5 September 1944. 3. The applicant provided a newspaper article that indicated the FSM had been injured in November 1944 when, while he was enroute to an advanced artillery observation point in a jeep, the jeep struck a land mine. 4. A WD AGO Form 8-118 (Disposition Board Proceedings), dated 15 December 1945, indicated a medical board found the FSM to have a diagnosis of chronic fibrositis involving the joints of his upper and lower extremities. However, he was found to have no disability for military service and was recommended for general military service. No other documents from his medical board are available. His service medical records are not available. 5. On 14 February 1946, the FSM was released from active duty. His WD AGO Form 53-98 shows he was awarded the European-African-Middle Eastern Campaign Medal, the American Defense Service Medal, the “AT Ribbon” (i.e., the American Campaign Medal); and the World War II Victory Medal. Item 30 (Wounds Received in Action) contains the entry, “NONE.” 6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by military medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury. The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. DISCUSSION AND CONCLUSIONS: 1. The only available evidence that shows the FSM was wounded is the newspaper article provided by the applicant. Unfortunately, that article does not contain the circumstances surrounding the incident (e.g., was the landmine German or Allied; was the FSM driving on a road or off road, etc.). The FSM’s service medical records and his complete medical board packet, which could have provided that information, are not available. 2. Regrettably, there is insufficient evidence at this time that would warrant granting the relief requested. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __jcr___ __jgh___ __qas___ DENY APPLICATION 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 that this action in no way diminishes the sacrifices made by her husband in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. __Jeffrey C. Redmann__ CHAIRPERSON INDEX CASE ID AR20070010779 SUFFIX RECON DATE BOARDED 20071213 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Ms. Mitrano ISSUES 1. 107.0056 2. 3. 4. 5. 6.