ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 December 2019 DOCKET NUMBER: AR20170009764 APPLICANT REQUESTS: reconsideration of his earlier request for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 25 March 2010 * Self-Authored Statement, undated * Witness Statement, undated * Department of Veterans Affairs (VA) Progress Notes and medical record extracts * Congressional correspondence * two War Department Adjutant General's Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 11 December 1951 * two DD Forms 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) FACTS: 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 AR2002078738 on 4 February 2003 and AR20100026589 on 31 May 2011. 2. The applicant'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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant states: a. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 should be changed from "None" to "Shrapnel wounds at the base of the right thumb and below ankle of the right foot." b. His record is in error because he suffered wounds as a result of German artillery fire while he was providing medical care to other Soldiers who were wounded or more severely than he was. His fellow medics treated him so he could continue to help the other wounded Soldiers. He later received the Combat Medical Badge and the Bronze Star Medal from Senator Charles Grassley in 1995. c. He has battled post-traumatic stress disorder since 1945 and only recently has he been able to deal with his war experiences. d. On 30 April or early May 1945 while under heavy fire by German artillery, a small piece of shrapnel struck him at the base of his right thumb and a hot piece of shrapnel hit him on the inside below his right ankle. The Germans did not want them to cross the Isar River in Reissing, Germany. e. After 65 years, he ran into someone from his former division and the 5th Infantry Regiment who saw his right hand wrapped and bandaged. 4. On 1 April 1944, he was inducted into the Army of the United States. 5. On 4 November 1945, he was honorably discharged to enlist into the Regular Army. His WD AGO Form 53-55 shows in: * item 33 (Decorations and Citations) – Army Good Conduct Medal * item 34 – none 6. On 6 November 1945, he enlisted in the Regular Army and on 15 May 1947, he was honorably released from active duty. His WD AG0 Form 53-55 shows in * item 33 (Decorations and Campaigns) – World War II Victory Medal * item 34 (Wounds Received in Action) – none 7. His records also contained a DD Form 214 that show on 1 June 1944 he was inducted into the Army of the United States and was honorably released to the Enlisted Reserve Corps on 11 December 1951. His DD Form 214 shows in * item 27 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) – none * item 29 (Wounds Received as a Result of Action with Enemy Forces) – none 8. On 4 February 2003 and in ABCMR Docket Number AR2002078738, the ABCMR denied the applicant's request for award of the Purple Heart. However, the ABCMR directed correction of his WD AGO Form 53-55 for the period ending 15 May 1947 to show his campaign participation and additional authorized awards. 9. On 24 March 2003, he was issued a DD Form 215 which added his campaign participation in Central Europe and Rhineland and his award of the European African Middle Eastern Campaign Medal with two bronze service stars and Army of Occupation Medal with Germany Clasp. 10. On 31 July 2004, he was issued a DD Form 215 which added his award of the National Defense Service Medal. 11. On 31 May 2011 and in ABCMR Docket Number AR20100026589, the ABCMR denied the applicant request for award of the Purple Heart and correction of his WD AGO Form 53-55 to show the entry, "Shrapnel wounds at base of right thumb and below ankle of right foot." 12. The applicant provided copies of: a. a witness statement, undated, from a former Soldier who stated the last time he saw the applicant was when they were under attack. He also stated he saw the applicant's hand wrapped up. b. VA Progress Notes that show, in part, he was diagnosed with post-traumatic stress disorder and he reported that he was subjected to enemy gunfire. He noted he suffered some minor fragment wounds and he later regretted that there was insufficient time to prepare paperwork to submit for award of the Purple Heart. c. a letter, dated 16 February 2015, from a former Soldier, to a member of Congress on behalf of the applicant in which he requested assistance in the applicant's efforts for award of the Purple Heart. d. a letter, dated 23 February 2016, from the VA in which his claim for traumatic brain injury was denied. 13. The applicant's available records are void of a recommendation or orders awarding him the Purple Heart. His records are also void of medical evidence showing he received treatment at the time of his injuries. BOARD DISCUSSION: After reviewing the application, the applicant's statement, the supporting statement from a fellow Soldier, VA records, and the available service records, the Board determined a preponderance of the evidence supports a conclusion that the applicant was wounded as a result of hostile action on or about 30 April 1945 to a degree that required medical treatment while serving as a medic during World War II, thereby meeting the criteria for award of the Purple Heart. The Board agreed his WD AGO Form 53-55 for the period ending 4 November 1945 should also be corrected to reflect the wounds he received in action. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR2002078728, dated 4 February 2003, and Docket Number AR20100026589, dated 31 May 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received in action on or about 30 April 1945 * correcting his WD AGO Form 53-55 for the period ending 4 November 1945 to show in – * item 33 (Decorations and Citation) – Purple Heart * item 34 (Wounds Received in Action) – Shrapnel wounds, right thumb and right foot, Germany, 30 April 1945 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 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009764 5 1