ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 August 2019 DOCKET NUMBER: AR20170015764 APPLICANT REQUESTS: On behalf of a deceased former service member (FSM), the following awards added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). * American Campaign Medal, European African Middle Eastern Campaign Medal * Good Conduct Medal, Silver Star Medal, Purple Heart Medal * Word War II Victory Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congressional Case Authorization Form * Applicant’s wife statement * National Personnel Records Center reply letter * Separation Qualification Record * Honorable Discharge Certificate * Death Certificate * WD AGO Form 53-55 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 wife states, even if her husband was reluctant to receive his award it still should have been recorded into his record. His reason for not accepting the award was he didn’t want his mother to know he was wounded because of her health. The officer that came to give him his medal was mad, so he threw the medal at him and said do what you want with it and left. 3. The applicant provided: a. Congressional Case Authorization form, authorizing the Honorable Congressman L.C and his staff to work on his behalf with any federal agency relevant to this matter. b. The applicant’s wife self-authored statement, stated that while recovering from his wounds in the hospital in Verviers, Belgium, the officer who came to give her husband his purple heart. He became upset with him due to his reluctance to accept the medal. Not trying to disrespect the award but he did not want his mother to know that he had been wounded and out of the country. She believed that he was stateside. The officer then threw the medal on the bed and told him "do what you want with it" and left. (1). Her husband never knew that it was never entered into his record. She was the one who found the omission when reviewing his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge). (2). When she tried to find out why it was omitted, they were told the records had been lost in a fire. So they thought it was too late and never tried again. She is not asking for anything only that his record be corrected because he was never able to wear his medal and now he has died. c. National Personnel Records Center notified his wife that her husband records were lost in the fire on 12 July 1973. From alternate record sources, they were able to inform her that her husband was authorized the Bronze Star medal based on the award of the Combat Infantryman Badge. d. Separation Qualification Record show his date of separation as 20 January 1946, military occupational specialty, and other personal details relating to his service in the military. e. Honorable Discharge Certificate effective 20 January 1946. f. Death Certificate from State of California dated 27 June 2017. 4. The applicant’s service records shows: a. There was a fire at the National Personnel Records Center (NPRC) on 12 July 1973. The fire destroyed the major portion of the records of Army military personnel for the period 1912 through 1959. NPRC believes the applicant’s records were lost or destroyed in that fire. Fortunately, there are alternative records sources that often contain information, which NPRC uses to reconstruct service record data. The majority of the applicant's records are not available for review. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. b. The FSM was inducted into the Army of the United States on 5 November 1942 and entered active service on 14 November 1942. He arrived in European Theater on 28 June 1944. c. He was honorably discharged on 20 January 1946. His WD AGO Form 53-55 shows the following information: * Block 6 (Organization) he was assigned 47th, Infantry Regiment at the time of his discharge * Block 30 (Military Occupational Specialty) he was serving as a Duty Noncommission Officer 566 (NCO) at the time of discharge * Block 31 (Military qualification and date (Combat Infantry Badge) * Block 33 (Decorations and Citations) American Campaign Medal, European African Middle Eastern Campaign Medal, Good Conduct Medal, Silver Star Medal, World War II Victory Medal * no entries reflected that he was awarded or authorized the Purple Heart Medal d. According to the National Personnel Records Center, his Bronze Star Medal was awarded based on the award of the Combat Infantryman Badge. 5. By Army Regulation (Military Awards) 600-8-22 states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. 6. Army Regulation 600-8-22 (Military Awards) states 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 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. a. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration 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 the sole justification for award. b. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. 7. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, 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. a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the Soldier’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief is warranted. The applicant’s contentions were carefully considered. The FSM received the CIB during WWII. Regulatory guidance of that time period provides Soldiers awarded the CIB was also authorized the BSM; however, his separation document does not have the BSM listed. The FSM’s record is void of evidence that shows he was wounded by hostile enemy Forces. In addition, his separation document shows “None” listed for wounds received in action; he authenticated the form with his signature. The other decorations requested by the applicant are already reflect on his separation document. 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 Star Medal to his WD AGO 53-55. 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 awarding the Purple Heart and additional awards. 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 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 3. 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. a. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. b When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration 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 the sole justification for award. c. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. 4. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, 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: a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the Soldier’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015764 5 1