BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011964 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: 23 May 2018 DOCKET NUMBER: AR20160011964 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. BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011964 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 daughter of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart. 2. The applicant states she found a letter, which had previously been mailed to the FSM's sister in which he stated he was, "hit" while crossing the Rhine. The FSM was awarded the Silver Star while saving a comrade in Germany in World War II (WWII) and he was wounded during this action. 3. The applicant provides: * a letter * a certified copy of his honorable discharge * Certificate of Record (Death 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 record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his WD AGO Form 53-55 and documents provided by the applicant and the National Personnel Records Center, St. Louis, MO. 3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 2 August 1944. He was honorably discharged on 2 July 1946, after completing a total of 1 year, 4 months and 15 days continental service and 6 months and 16 days foreign service. 4. General Orders Number 59 issued by Headquarters, 5th Infantry Division on 27 June 1945, awarded the FSM the Silver Star for gallantry in action on 4 March 1945; however, the citation does not mention that the FSM was wounded during this action. 5. His WD AGO Form 53-55 also contains the following pertinent information. a. Item 31 (Military Qualifications and Date) contains the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M1). b. Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns. c. Item 33 (Decorations and Citations) shows he was awarded the: * American Theater Service Medal * European-African-Middle Eastern Campaign Ribbon with 2 bronze service stars * Army Good Conduct Medal * Silver Star * WWII Victory Medal e. Item 34 (Wounds Received in Action) contains the entry "None." d. Item 36 (Service Outside Continental United States and Return) shows he arrived in the European Theater of Operations on 15 January 1945 and departed for the continental United States on 9 July 1945. 6. The applicant provides a copy of a letter from the FSM dated 24 May 1945, in which he stated that, "I was in on the Rhine crossing and it sure was a hot spot for a while but we got cross and did not lose anybody I guess I have been lucky I got hit one time and was carrying a wounded man back then that is what I was put in for the Silver Star." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional; and treatment of the wound must be documented in the Service member's medical and/or health record. 2. Army Regulation 15-185 (ABCMR), paragraph 2-5, states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends, in effect, the FSM's records do not show award of the Purple Heart due to being, "hit" while in combat. 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 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 must have been made a matter of official record. 4. The applicant submitted a copy of a letter from the FSM in which he claimed he was "hit" while crossing the Rhine while carrying a wounded man; however, the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 5. Regrettably, notwithstanding her or the FSM's sincerity, his available record does not show he suffered or was treated for a combat wound or injury. Additionally, there is no reference in his available service records to a combat wound or injury or treatment for such wound or injury. His records are void of orders which show he was awarded the Purple Heart and the FSM's WD AGO Form 53-55 shows he sustained no wounds in action. 6. In the absence of documentation which conclusively shows the FSM sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there appears to be an insufficient basis for awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2