ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 April 2019

	DOCKET NUMBER:  AR20170015097


APPLICANT REQUESTS:  award of the Purple Heart for her deceased father, a former service member (FSM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Western Union telegram
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* Army of the United States Honorable Discharge Certificate
* State of Wisconsin Original Certificate of Death

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, the FSM was awarded the Purple Heart Medal for injuries sustained during World War II (WWII), but it was not included on his report of separation.

3.  The FSM's 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 his 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.  This case is being considered using reconstructed records, which primarily consist of a WD AGO Form 53-55.

4.  Review of the FSM’s WD AGO Form 53-55 shows:

	a.  The FSM was inducted into the Army of the United States and entered active duty on 27 January 1942.  At the time of his separation, he: 

* held military occupational specialty 931 (Dispatcher/Heavy Truck Driver)
* was assigned to 606th Port Company, 387th Port Battalion

	b.  He departed Continental United States (CONUS) on 20 July 1942 and arrived in the Southwest Pacific Theater of Operations (SWPTO) on 15 August 1942.  He departed the SWPTO on an unknown date and returned to CONUS on 21 September 1945. 

	c.  He was honorably separated on 3 October 1945.  His WD AGO Form 53-55 shows he completed 6 months and 5 days of CONUS service and 3 years, 2 months, and 2 days of foreign service.  It also shows in: 

		(1)  Item 31 (Military Qualification and date (i.e., infantry, aviation, and marksmanship badges), Expert Badge with Bayonet and Marksman Badge with Rifle Bar.

		(2)  Item 32 (battles and campaigns), he participated in the Papua, New Guinea, Southern Philippines, and Luzon campaigns. 

		(3)  Item 33 (Decorations and Citations) and item 55 (Remarks), he was awarded or authorized the Good Conduct Medal and Distinguished Unit Citation.

		(4)  Item 34 (Wounds Received in Action), None.

5.  Western Union telegram, dated 15 June 1945, states the FSM “seriously ill in Southwest Pacific area as a result of an injury incurred on 7 June; diagnosis fractured skull.” 

6.  By regulation, the criteria for award of the Purple Heart require it to be awarded to Soldiers for wounds or injuries received as a result of enemy action.  The wounds must have required treatment by medical personnel and made a matter of official record.  Official documentation reflecting medical treatment for the wounds or injuries must be provided.

BOARD DISCUSSION:

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. 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 the request.

Although he was injured, the applicant failed to show that the FSM was injured as a result of enemy contact.  For that reason, the Board recommended denying the applicant’s request.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.  

2.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes be made to more accurately depict the military service of the applicant.
	 
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 his service records shows he is authorized additional awards not listed on his DD Form WD AGO Form 53-55.  His WD AGO Form 53-55 should be amended to add:

* World War II Victory Medal
* Asiatic-Pacific Campaign Medal with 4 bronze service stars 


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 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 medical personnel, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

3.  The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.  Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States.

4.  AR 600-8-22 also states: 

	The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.  A bronze service star is awarded for participation in each campaign.

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.


ABCMR Record of Proceedings (cont)	 AR20170015097


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