IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017196 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: 4 April 2017 DOCKET NUMBER: AR20150017196 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: 4 April 2017 DOCKET NUMBER: AR20150017196 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 attorney in fact of a deceased former service member's (FSM) widow, requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. 2. The applicant states, in effect, supporting medical records from the Department of Veterans Affairs (VA) validate the FSM's entitlement to the Purple Heart. 3. The applicant provides: * DD Form 214 * page 1 of Standard Form (SF) 88 (Report of Medical Examination) * unknown VA form * Certificate of Death * Durable Power of Attorney CONSIDERATION OF EVIDENCE: 1. The FSM's complete military records are not available 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 appears to be sufficient documentation to conduct a fair and impartial review of this case. 2. The FSM enlisted in the Regular Army (RA) and entered active duty on 2 January 1941. He completed training and he was awarded military occupational specialty 060 (Cook). He was assigned to Headquarters Battery, 666th Field Artillery Battalion. 3. The FSM was honorably discharged on 5 January 1946. His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he completed 3 years, 3 months and 13 days of continental service with 1 year, 8 months, and 21 days of foreign and/or sea service. This form also shows in: a. Item 32 (Battles and Campaigns) – he participated in the Central Europe, Normandy, Northern France, and Rhineland campaigns. b. Item 33 (Decorations and Citations) – no entry for the Purple Heart. However, this item does reflect award of the: * European-African-Middle Eastern Theater Ribbon with 4 bronze service service stars * American Defense Ribbon * Army Good Conduct Medal * World War II Victory Ribbon c. Item 34 (Wounds Received in Action) – the entry "None." 4. The FSM reenlisted in the RA on 6 January 1946. He completed a 4-week Quartermaster School on 15 October 1948. The FSM was honorably discharged in the rank/grade of sergeant/E-5 on 23 December 1949. He completed no foreign service and received no decorations or citations during this period. His discharge document for this period does not indicate that he was wounded in action. 5. The FSM reenlisted in the RA on 24 December 1949. 6. His record contains his separation physical SF 89 dated 25 May 1953. Item 40 (Physician's Summary and Elaboration of All Pertinent Data), while mostly illegible, does note a fracture of the 4th finger with a slight deformity and limitation of flexibility. 7. He was honorably discharged on 28 May 1953. His DD Form 214 shows he completed 1 year, 5 months, and 5 days of foreign and/or sea service during this period. This form also shows in: a. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – no entry for the Purple Heart. However, this item does reflect award of the: * Army Good Conduct Medal * Commendation Ribbon with Medal Pendant * Korean Service Medal with 4 bronze service stars * United Nations Service Medal b. Item 29 (Wounds Received as a Result of Action with Enemy Forces) – the entry "NONE." 8. The applicant provides and the FSM's record contains a VA form (presumably used to claim a disability), dated 2 July 1953, which shows the FSM claimed his left hand injury was caused by a bombing on 22 January 1953. 9. His reconstructed records do not contain orders awarding him the Purple Heart and his name is not shown in the Korean Casualty File. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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: 1. The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. 3. The VA form the applicant provided indicates the FSM claimed he received an injury to his left hand due to a bombing. Additionally, the FSM's separation physical noted a fracture of the 4th finger with a slight deformity and limitation of flexibility. Other than the FSM's own claim, there is no evidence showing he sustained an injury as a result of hostile action. The FSM's separation documents show no indication that he was wounded in action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017196 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017196 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2