ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 April 2019 DOCKET NUMBER: AR20170018144 APPLICANT REQUESTS: reconsideration of the previous request for correction of her grandfather's (a deceased former service member (FSM)) WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) to show award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) with self-authored letter, dated 19 June 2017 * WG AGO Form 100 (Army of the United States Separation Qualification Record) * WD AGO Form 53-98 * Army of the United States Certificate of Service, dated 21 July 1946 * Privacy Release Act of 1974, dated 14 February 2003 and 19 June 2017 * Self-authored Letter, dated 17 February 2003 * Letter, J____ W. M____, dated 19 February 2003 * Letter, Congressional Representative, dated 27 February 2003 * DD Form 149, dated 4 August 2003 * Letter, granddaughter, dated 7 July 2004 * DD Form 149, dated 7 July 2004 * Morning Reports, dated 26 January and 2 February 1945 * Publication, 24th Infantry Division, "The Victory Division," undated * Publication, "Our Jungle Road to Tokyo," dated 1950 * Supplemental Letter, J____ W. M____, dated 10 June 2004 * Certificate of Death, Oregon Department of Human Services Center for Health Statistics, dated 18 June 2004 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2004101067 on 19 February 2004 and Docket Number AR200400006508 on 8 March 2005. 2. The applicant states: * she would like her grandfather's award of the Purple Heart reconsidered * her grandfather required medical attention for injuries he received during a hostile attack while serving in World War II * her grandfather passed away and it is the hope of the grandchildren and great grandchildren that they can honor the legacy of his service * when her grandmother passed away and she began to look through her scrapbooks, her grandfather began to share the stories of his service during World War II * they learned from their grandfather that he sustained a head injury during an air raid on the island of Leyte and that his commanding officer completed the paperwork to award him the Purple Heart * her grandfather declined the Purple Heart because he felt the award should go to Soldiers who sustained life-threatening injuries * she found two significant pieces of corroborating evidence by locating a surviving member of her grandfather's unit who provided a first-hand account of the attack and morning reports which noted her grandfather's absence from duty for a hospital visit during the same time of the air raid attack * Congressman B____ and his office were instrumental in helping her submit the original application in 2003 3. 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. 4. The FSM was inducted into the Army of the United States on 13 October 1942. Records show the FSM successfully completed Officer Candidate School and was appointed as a second lieutenant on 3 June 1943. 5. The FSM's records show he arrived in the Asiatic-Pacific Theater on 9 August 1944, departed on 25 April 1946, and arrived back in the United States on 7 May 1946. 6. The applicant provided two copies of Morning Reports for the 114th Photo Interpretation Team, dated 26 January 1945, showing the FSM's status changed from duty to sick in hospital and that he was evacuated to the 24th Clearance Station on 26 January 1945. The second morning report shows the FSM's status changed from hospital 24th Infantry Division Clearance Station to duty. 7. Item 13 (Title – Description – Related Civilian Occupation) of the FSM's WD AGO Form 100 shows the FSM served in the Asiatic-Pacific Theater with the 24th Infantry Division for 22 months. He interpreted and evaluated aerial photographs. He examined aerial photographs using stereoscope, contour finder, and other devices; zoned and computed aerial bombing areas, determined location of enemy airports, length, direction, and type of runways, location of hangers, types and number of aircraft. He wrote detailed reports and summaries of interpretations, prepared maps, diagrams, and statistical charts; coordinated photo interpretation activities with related intelligence work. 8. The FSM's WD AGO Form 53-98 shows in: * item 28 (Battles and Campaigns) – he participated in the New Guinea and Southern Philippines campaigns * item 29 (Decorations and Citation ) – he was awarded and/or authorized the Army of Occupation Medal, Philippine Liberation Ribbon with one bronze service star, Victory Medal, Asiatic Pacific Theater Medal, and American Theater Medal * item 30 (Wounds Received in Action) – none 9. The FSM was honorably discharged in the rank of captain on 21 July 1946. He completed 1 year, 3 months, and 19 days of continental service and 1 year, 9 months, and 29 days of foreign service during this period. 10. The letter from J____ W. M____, dated 19 February 2003, states he served overseas with the 24th Infantry Division in 1944-1945. The FSM was at the same location when a series of explosions occurred while they were watching a movie. The FSM quickly attempted to jump under the truck. The FSM hit the truck transmission with his head and severely gashed his head, requiring several stitches. He did not personally see the occurrence, but he was aware of it within a very short time and can vouch for the facts. 11. On 19 February 2004, the ABCMR denied the applicant's request for award of the Purple Heart to the FSM. The Board determined the evidence was insufficient to award the FSM the Purple Heart. None of the FSM's records indicated he was wounded as the result of hostile action. 12. The supplemental letter from J____ W. M____, dated 10 June 2004, states he did not actually see the individual "act" that caused the FSM's injury; however, he witnessed the hostile action against their division headquarters. When he returned to their office location, he was told the FSM was injured and had been taken to the division aid station. It was several days before the FSM returned to duty with a shaved spot on the top of his head around the wound. He absolutely affirms the FSM was injured during this enemy action, and he was an eyewitness to the enemy action. 13. On 8 March 2005, the ABCMR again denied the applicant's request for award of the Purple Heart to the FSM. The Board determined there was no evidence in the available military records which shows the FSM sustained wounds or was treated for wounds resulting from hostile action. 14. The applicant submitted two pages of a publication titled "24th Infantry Division – The Victory," showing J____ W. M____ wrote an article titled "A Night the Lights Went Out," describing an air attack during a movie on Leyte and the FSM's head injury, and noting the FSM declined to submit for a Purple Heart. 15. The applicant submitted several pages from a publication titled "Our Jungle Road to Tokyo," which described an air attack on a group of Soldiers watching a movie in the rear brigade on Leyte. 16. On 17 June 2011, the ABCMR responded to the applicant's request for reconsideration of award of the Purple Heart to the FSM. The Board returned the request without action because the request did not meet the criteria for reconsideration under the provisions of Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-15b. The Board noted the evidence she submitted showed the FSM was hospitalized in January 1945 for malaria/dengue fever. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief was not warranted. The applicant’s contentions were carefully considered. The FSM’s record does not show he was injured by enemy forces. The record shows hospitalization due to sickness. In addition, the evidence submitted as a letter of support in which the FSM received a head injury describes an accident. Regulatory guidance does not entitle members the Purple Heart as a result of being injured during accidents, even when there is sufficient evidence of enemy involvement during the overall incident. Based upon the preponderance of evidence, and regulatory guidance, the Board agreed not to amend the previous Board’s decision to deny relief. The Board acknowledges the FSM’s grateful service to the Nation, and the applicant’s desire to ensure he was properly recognized. 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: 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 to amend the decision of the ABCMR set forth in Docket Number AR2004101067 on 19 February 2004 and Docket Number AR200400006508 on 8 March 2005. 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): not applicable. REFERENCES: 1. Army Regulation 600-45 (Personnel Decorations), in effect at the time, prescribed the Army's awards policy. It provided for award of the Purple Heart to members who were wounded in action against an enemy of the United States, or as direct result of an act of such enemy, provided the wound necessitated treatment by a medical officer. For the purpose of awarding the Purple Heart, a wound was defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy. 2. Army Regulation 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 a medical officer, and the medical treatment must have been made a matter of official record. a. 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. b. 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 below. 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. c. The key issue commanders must take into consideration when contemplating an award of this decoration 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 sole justification for award. d. 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 e. 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 disorder * 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 weapon 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 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170018144 2 1