ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20170009417 APPLICANT REQUESTS: award of the: * Purple Heart * Bronze Star Medal or Army Commendation Medal * Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Service Document * WD AGO Form 8-118 (Disposition Board Proceedings for Officers) * WD AGO Form 5-54 (Treatment) * Form 55 D (Initial Summary, Working Diagnosis, Contemplated Laboratory Tests, and Consultations) * Form 55 E-2 (Ophthalmologic Examination) * Form 55 E-3 (Ear, Nose, and Throat Examination) * Form 55 H-1 (Temperature – Treatment – Nurse’s Notes) * Form 55 K-1 Radiologic Record) * Form 55 L (Laboratory Reports) * WD AGO Form 8-40 (Consultation Request and Report) * Brief Clinical Abstract * Final Summary * SF Form 89 (Report of Medical History) * SF Form 88 (Report of Medical Examination) * Two Identification Cards * WD AGO 55-98 (Military Record and Report of Separation Certificate of Service) * Certificate of Service FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he has Traumatic Brain Injury (TBI) from a concussion while serving during World War II in Hurtgen Forest, Germany. Due to his unit being engaged in combat actions at the time he was not awarded the Purple Heart. He also requests consideration for the Bronze Star Medal or Army Commendation Medal and the Army Good Conduct Medal. 3. A review of the applicant’s service records shows: a. He was appointed on 28 January 1944. He served in the European Theater of Operations from 29 June 1944 to 24 July 1945. b. He was admitted to 7th General Hospital on 6 December 1944. His medical records show that he was in active combat from 26 September 1944 to 6 November 1944 and during that time was under heavy shelling and was suffering from combat exhaustion. On 6 March 1944, a shell exploded close to him killing two Soldiers and dazing him slightly. c. On 10 May 1945, the personnel officer of the 9th Reinforcement Depot requested information from his former unit as to whether the applicant received a Purple Heart. d. On 17 May 1945, the personnel officer of the 112th Infantry responded and stated he was evacuated on 6 November 1944 for a diagnosis of non-battle casualty, combat exhaustion and if the applicant was awarded the Purple Heart, their office had not received official notification. e. On 28 May 1945, the Assistant Adjutant General of the 112th Infantry responded stating that there was no record showing that he was entitled to the award of the Purple Heart. f. Special Order (SO) 48, dated 27 February 1946 ordered him to report for observation, treatment and recommendation for the type of duty he was qualified to perform. g. SO 81, dated 8 April 1946 the applicant was released from further observation and treatment and ordered to report back to his unit for duty. h. He was released from active duty on 14 June 1946. He completed 1 year and 3 months of continental service and 1 year, 1 month, and 16 days of foreign service. His WD AGO Form 53-98 shows that he was awarded: * American Campaign Medal * World War II Victory Medal * European African Middle Eastern Campaign Medal * Combat Infantryman Badge * Lapel Button 4. By regulation: a. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action. The injury/wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b. The Bronze Star Medal may be awarded to each service member of the Army who, after 6 December 1941, had been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 to 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders. c. The Army Commendation Medal is awarded to any service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service. d. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active federal military service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence submitted by the applicant and found within the military service record, the Board found sufficient evidence to show that the applicant was awarded a BSM that currently is not on his WD AGO 53-98 and recommended that portion of the request be corrected. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. In events involving TBI and other similar injuries, the applicant’s record must show that the brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying that portion of the applicant’s request related to the Purple Heart. Additionally, the Board found that the applicant did not meet the eligibility requirements for the Army Good Conduct Medal as outlined in the Reference Section below. For that reason, the Board recommended denying the Army Good Conduct Medal portion of the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Service Medal for service from 29 June 1944 to 24 July 1945 to the applicant’s WD AGO 53-98. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains awarding and adding a Purple Heart and Army Good Conduct Medal. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. The Purple Heart is awarded for a wound or injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound or injury was the result of hostile action, the wound or injury must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. (1) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows” * Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * Injury caused by enemy-placed trap or mine * Injury caused by enemy-released chemical, biological, or nuclear agent * Injury caused by vehicle or aircraft accident resulting from enemy fire * Concussion injuries caused as a result of enemy-generated explosions * Mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident (2) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * Frostbite (excluding severe frostbite requiring hospitalization from * 7 December 1941 to 22 August 1951) * Trench foot or immersion foot * Heat stroke * Food poisoning not caused by enemy agents * Chemical, biological, or nuclear agents not released by the enemy * Battle fatigue * Disease not directly caused by enemy agents * Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * Self-inflicted wounds, except when in the heat of battle and not involving gross negligence * Post-traumatic stress disorders * Airborne (for example, parachute/jump) injuries not caused by enemy action * Hearing loss and tinnitus (for example: ringing in the ears) * Mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms or physical finding of impaired brain function * Abrasions and lacerations (unless of a severity to be incapacitating) * Bruises (unless caused by direct impact of the enemy weapons and severe enough to require treatment by a medical officer) * Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth) * First degree burns b. The Bronze Star Medal may be awarded to each service member of the Army who, after 6 December 1941, had been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 to 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders. c. The Army Commendation Medal is awarded to any service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service. d. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active federal military service. Active component enlisted Soldiers. Enlisted Active Guard and Reserve personnel serving on extended periods of active duty (other than for training) 10 USC and 32 USC, are eligible for award of the AGCM for qualifying service beginning on or after 1 September 1982, provided no period of service has been duplicated by the same period of service for which the Soldier has been awarded the Army Reserve Component Achievement Medal. (1) Any one of the following periods of continuous enlisted active federal military service qualified for award of the AGCM: * Each three years completed on or after 27 August 1940 * For first award only, one year served entirely during the period 7 December 1941 to 2 March 1946 * For first award only, upon termination of service on or after 27 June 1950, of less than one year when final separation was by reason of physical disability incurred in line of duty * For first award only, for those individuals who died before completing one year of active federal military service or if the death occurred in the line of duty 3. Military Personnel (MILPER) Message Number 11-125, issued by the U.S. Army Human Resources Command, dated 29 April 2011, stated the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart). The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness). This message does not change the standards for award of the Purple Heart for concussion injuries. This policy is retroactive to 11 September 2001. ABCMR Record of Proceedings (cont) AR20170009417 5 1