IN THE CASE OF: BOARD DATE: 26 April 2012 DOCKET NUMBER: AR20110021438 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 correction of the records of her deceased father, a former service member (FSM), to show award of the Purple Heart. 2. The applicant states the FSM received the Purple Heart but it isn't recorded on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). This is needed to be able to mark his grave showing he was a Purple Heart recipient. 3. The applicant provides: * the FSM's death certificate * the FSM's spouse’s death certificate * applicant's birth certificate * the FSM's WD AGO Form 53-55 * numerous Veteran's Administration documents * miscellaneous military personnel documents 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 the FSM's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case. 2. The FSM's military records show he enlisted in the Regular Army on 29 October 1942. He was awarded the military occupational specialty of medical aidman. 3. The FSM's WD AGO Form 53-55 shows he was separated from active duty on 1 September 1945 in the rank of private. He completed 2 years, 10 months, and 3 days of creditable active service. 4. He served in the European Theater of Operations from 7 March 1944 to 18 June 1945. 5. Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 contains the entry "17 May 1945 European Theater." 6. A WD AGO Form 40 (Certificate of Disability for Discharge) shows the FSM was accidently injured on 17 May 1945 during an authorized military activity when a piece of timber from a burning building set on fire by an exploded ammunition dump fell across his back while attempting to evacuate some vehicles from the area. This form indicates the FSM incurred fractures of the 1st, 2nd, and 3rd lumbar vertebrae. 7. Form 55 A-1 (Abbreviated Clinical Record) shows his chief complaint on admission was that on 17 May 1945 he was accidently hurt when a beam from a burning building fell on him as he was trying to get a vehicle out of a building. The final diagnosis following a complete physical was a simple fracture to the 3rd lumbar vertebrae and a lacerated wound to his left knee. There are no other medical records available for review. 8. A Veteran's Administration Rating Sheet, dated 13 September 1945, indicates he incurred a fracture in his back and a laceration wound to his left knee in combat. 9. His available records do not contain orders or a recommendation for award of the Purple Heart. 10. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. 11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 contains the entry "17 May 1945 European Theater." 2. However, his WD AGO Form 40 and Form 55 A-1 show the FSM was accidently injured on 17 May 1945 during an authorized military activity when a piece of timber from a burning building set on fire by an exploded ammunition dump fell across his back while attempting to evacuate some vehicles from the area. The preponderance of evidence indicates the injuries he sustained on 17 May 1945 were accidental in nature and not the result of a hostile act of such enemy. As such, there is an insufficient basis in which to warrant correction of his records to show the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ___X____ 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. __________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. ABCMR Record of Proceedings (cont) AR20110021438 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021438 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1