ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 July 2019 DOCKET NUMBER: AR20170010214 APPLICANT REQUESTS: on behalf of his father, a former service member (FSM): a. reconsideration of his earlier request for award of the Purple Heart (PH); b. as new issues, promotion to the rank/grade of corporal/E-4; and c. correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of: * Bronze Star Medal * European African Middle-Eastern Medal with four bronze service stars * Prisoner of War Medal * World War II Victory Medal * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 29 June 2017 * self-authored statement, undated * photographs of U.S. Army dog tag and German prisoner of war dog tag number 52223, Stalag IXC * WD AGO Form 53-55 * WD AGO Form 0657 (Authorization for Issuance of Awards), dated 24 October 1946 * Certificate of Death, State of New Mexico, dated 26 November 1974 * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, AR20120009248, dated 13 December 2012 * email, dated 18 June 2015 * Wikipedia webpages, History of Stalag II-B and History of Stalag IX-C, dated 31 October 2015 * four pages of email in German, untranslated * eight pages of email * letter from S____, undated FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100025390 on 12 April 2011 and ABCMR Docket Number AR20120009248 on 13 December 2012. 2. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 3. The applicant states: a. His father never received the PH for wounds sustained in combat. He has evidence to support his request. b. His father was an automatic rifleman assigned to Company A, 30th Regiment Division. He saw action in Fedala, French Morocco, Tunisia, Sicily, Salerno, and Anzio, Italy. He was injured during the Battle of Anzio, Italy, and taken Prisoner of War by the German Army. He was sent to Stalag IX-C and issued dog tag number 52223, and then transferred to Stalag IIB, where he served as a slave laborer. He was a Prisoner of War for 1 year and 2 months. He was liberated by the Russian Army in April 1945. c. His discharge papers erroneously reported he received no wounds in action. This was refuted by physicians from the Veteran's Administration and the United States Army, who stated that he had sustained injuries to his left leg from a German automatic pistol but that he had not been treated in a medical facility in the United States. d. His discharge papers did not reflect he had served in Salerno and Anzio, Italy. The discharge did show he had earned the European African Middle-Eastern Medal with three bronze battle stars but it should have shown he earned four battle stars. e. On 24 October 1946, the War Department, Adjutant General's Office approved issuance of the Combat Infantryman Badge to his father. d. The National Personnel Records Center notified him his father's records were destroyed in a fire in 1973. He has provided some of his father's records and is requesting NPRC to reconstruct additional records to continue with his application process. 4. 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 were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 5. The FSM's records contain sufficient evidence to support additional awards not shown on his WD AGO Form 53-55. The FSM's WD AGO Form 53-55 will be administratively corrected to show award of: * Bronze Star Medal * Prisoner of War Medal * European African Middle-Eastern Medal with four bronze battle stars * World War II Victory Medal * Combat Infantryman Badge 6. The Board will consider his request for award of the PH. 7. On 2 May 1942, the FSM was inducted into the Army of the United States. He departed the United States on 23 October 1942 and served in the European Theatre of Operations until his return to the Continental United States on 1 May 1945. 8. On 10 October 1945, the FSM was honorably separated from active duty. His WD AGO Form 53-55 shows in: a. item 3 (Grade) – PFC (Private First Class). b. item 32 (Battle and Campaigns): * French Morocco * Tunisia * Naples-Foggia c. item 33 (Decorations and Citations) – European African Middle-Eastern Medal with four bronze service stars; and d. item 34 (Wounds) – none. 9. The applicant provided WD AGO Form 0657, dated 24 October 1946, showing the FSM was authorized the Combat Infantryman Badge. This form also shows the War Department, Adjutant General's Office determined there was no record to show the FSM was wounded or injured in action against the enemy. 10. The FSM's available service record are void of orders awarding him the PH or a recommendation or orders promoting him to corporal/E-4. 11. There is no medical evidence in the available records showing the FSM was wounded as a result of hostile action during World War II. 12. The National Personnel Records Center Prisoner of War registry shows the FSM was held captive from 6 March 1944 to 13 April 1945. 13. On 12 April 2011 and in ABCMR Docket Number AR20100025390, the ABCMR denied the applicant's request for award of the PH on behalf of his father. The Board found the limited records did not show that his wound was the result of hostile action or was sustained while in action against the enemy. 14. On 13 December 2012 and in ABCMR Docket Number AR20120009248, the ABCMR reconsidered the applicant's request for award of the PH on behalf of his father. The Board denied his request, citing regrettably, there was no evidence in the available records showing the FSM was wounded as a result of hostile action during World War II. 15. The applicant provided: a. an email, dated 4 May 2014, from W____ and Colonel W____, German Air Force and Commanding Director, showing a search was conducted for medical records at the Center for Military History and Social Science of the German Armed Forces, on behalf of the FSM's son. The email revealed that records of former U.S. Prisoners of War were confiscated by a commission of allied officers and transferred to control of the National Archives Records Service. b. an email, dated 19 June 2015, from B____, from National Personnel Records Center, advising requests submitted via email would not be accepted and advising complete information on the veterans service as well as a signature or next of kin, address, and date were required under Privacy Act rules for processing the requested information. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and available evidence in the records. The Board considered the applicant’s statements, the FSM’s available record of service, the belief that the records had been burned or destroyed in the fire at the National Records Center, the FSM’s capture and time held as a POW, available service medical documents and post-service VA medical documents, and the awards and rank shown on the FSM’s discharge documents. The Board found insufficient evidence to support that the applicant had been promoted to Corporal/E4 during his period of service or that he had been erroneously or unjustly denied promotion. Based on a preponderance of evidence, the Board determined that the FSM had been wounded as a result of hostile action and should be awarded the Purple Heart. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XXX 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: - Awarding the Purple Heart for wounds received 6 February 1944 in Italy, and; - Amending the WD AGO 53-55 for the period of service ending 10 October 1945, item 33 (Decorations and Citations) by, in addition to the corrections stated in the Administrative Note(s) that follow, adding – “Purple Heart.” 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 to promotion to Corporal/E4. 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. ADMINISTRATIVE NOTE(S): A review of the FSM's records show he was awarded or authorized the following awards not listed on his WD AGO Form 53-55: * Bronze Star Medal * Prisoner of War Medal * European African Middle-Eastern Medal with four bronze service stars * World War II Victory Medal * Combat Infantryman Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. It 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 by a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. b. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. Award may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 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 for award of the Bronze Star Medal. c. The European-African-Middle Eastern Campaign Medal was established by Executive Order 9265, announced in War Department Bulletin 56, dated 1942, as amended by Executive Order 9706, dated 15 March 1947. It is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945. A bronze service star is authorized for the European-African-Middle Eastern Campaign Medal to denote each campaign during which a member was assigned or attached to and present for duty with a unit during the period of award. d. The Prisoner of War Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. e. The World War II Victory Medal was established by an Act of Congress 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. f. The Combat Infantryman Badge is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry military occupational specialty in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge. 2. Army Regulation 615-5 (Enlisted Men – Appointment and Reduction of Noncommissioned Officers and Privates, First Class), in effect at the time, provided instructions on the promotion of enlisted Soldiers. Paragraph 11.1 (promotion of certain enlisted men who are missing in action, prisoners of war, or hospitalized due to enemy action), dated 30 June 1943, stated the promotion recommendation of an enlisted man subsequent to the date of initiation thereof is reported as a prisoner of war or missing in action or is hospitalized as a result of wounds incident to combat will be processed in the normal manner, and if approved by proper authority, the enlisted man will be promoted without regard to position vacancy by the appointing authority who had jurisdiction over the individual concerned at the time change of status occurred. ABCMR Record of Proceedings (cont) AR20170010214 6 1