BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160013043 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: 9 May 2018 DOCKET NUMBER: AR20160013043 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 to amend the decision of the ABCMR set forth in Docket Number AR20130014839, dated 30 January 2014. __________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: 9 May 2018 DOCKET NUMBER: AR20160013043 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 earlier request for award of the Purple Heart. 2. The applicant states, in effect: a. He was wounded by bomb fragments in Italy during the period February and April 1945. b. He was denied award of the Purple Heart by white officers of America's racially segregated Army during World War II. c. Some of his friends think the reason the Board denied his application is they were offended by the word apartheid. Apartheid is racial segregation and discrimination against Negroes as practiced in the Republic of South Africa. From 1400 through 1948 when President Truman desegregated the Army, segregation prevailed in the Army. d. He disagrees with portions of his original Record of Proceedings. He points out that receiving the European-African-Middle Eastern Campaign Medal with two bronze service stars has nothing to do with him not receiving the Purple Heart. The Board just cannot or will not consider the hate and racism toward Negro Soldiers during World War II. e. The only Black Soldiers that were captured by the German and were not killed were the Tuskegee Airman. The all Black artillery units that were captured during Battle of the Bulge were killed on the spot. The German followed the rules of war with the white Army Soldiers. He was prepared to die fighting. f. Anyone reading the letters he sent the Board can quickly see portions of the Record of Proceedings are blatant distortions of the truth or done to justify their decision. g. He admits the Board has extreme powers over all Army personnel, but he does not believe the Board has super human powers being similar to the almighty God. The Board's ancestors in the U.S. apartheid Army felt the same way because they were taught that from their parents that owned slaves. h. What is amazing to him is the lack of experience and knowledge the Board has, appointed by the Secretary of the Armed Forces of America, and given so much power without any check and balance from any Government control. It appears the Board never studied any American history because they seem to have no knowledge of the segregation or apartheid practice of America and the American Army. i. The Board is distorting and embellishing to discredit the documents used to conduct a fair and impartial review of his case. He has questions surrounding the National Personnel Records Center fire in 1973 and the location of Black Soldiers records discharged from November 1912 to January 1960. j. The Board seems to be under a political mandate to deny benefits to all Blacks of the military during World War II. k. He points out a white male suspected of killing 9 African Americans in the 17 June 2015 Charleston church shooting confessed he committed the shooting in hopes of igniting a race war. He says multiply this white person's action by 10 million for the American white Soldiers in World War II who lived with a U.S. policy of a racially segregated Army. A white enlisted man or officer committing the same action against a Black Soldier would have been given a citation or promotion due to the climate 72 years ago. l. The Board does not believe that Black Soldiers were systemically subjected to racism and conditions of an apartheid Army. The conditions were 10 million times worse. 3. The applicant provides self-authored statements, dated 6 May 2016, 14 December 2015, and 4 October 2010. 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 AR20130014839 on 30 January 2014. 2. The applicant's contentions are new evidence that were not previously considered by the Board and warrant consideration at this time. 3. The applicant's complete 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 applicant'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. 4. His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows: * he enlisted in the Enlisted Reserve Corps on 10 December 1942 * he entered active duty on 22 February 1943 * he served in the European theater of operations from 7 September 1943 to 27 November 1945 * he was honorably discharged on 11 December 1945 * item 34 (Wounds Received in Action) contains the entry "None" in item 34 (Wounds Received in Action) 5. There are no orders for the Purple Heart in the available records. 6. There is no evidence in the available records showing he was wounded as a result of hostile action during World War II. 7. On 30 January 2014, the ABCMR denied his request for award of the Purple Heart on the basis that the applicant’s available records did not show that he suffered from or was treated for aa combat wound or injury. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. DISCUSSION: 1. The applicant contends he was wounded by bomb fragments in Italy during the period February and April 1945. 2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. There are no orders awarding him the Purple Heart in his available records. His WD AGO Form 53-55 does not show he was wounded in action. 4. There is no evidence showing he was wounded as a result of hostile action during World War II. 5. The applicant contends he was denied award of the Purple Heart by white officers of America's racially segregated Army during World War II. The applicant’s military records do not contain any evidence, which supports or refutes his claim that he was a victim of racial discrimination. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013043 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013043 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2