ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20180000047 APPLICANT REQUESTS: her deceased father, a former service member (FSM), be awarded the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * certificate of birth * two self-authored letters * WD Form 372 (Final Payment Worksheet) * WD AGO Form 100 (Separation Qualification Record) * medical documents * certificate of death * National Personnel Records Center (NPRC) letter * World War II (WW II) honoree online document 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 her father, FSM was awarded the PH medal as a result of wounds or injuries received as a direct result of hostile action during WWII. Searches have failed to produce any evidence that her father received such wounds. Records have been lost due to a fire which destroyed military records. Although the fire which destroyed Army military records may have been avoidable, her father honorably served, also wounded, however a replacement PH was denied to him through his family, namely the applicant his daughter and next of kin. The applicant provided a detailed letter of her father’s military service and events leading up to his discharge (detailed letter enclosed in packet). 3. The applicant provides: * certificate of birth, dated 30 August 1935, shows the applicant as the FSM’s daughter * WD form 372, shows the FSM was paid on 31 August 1945 * WD AGO Form 100, shows the FSM was discharged from service as a private first class * medical document with an unknown date is illegible, however it does state injured and while on duty in France * veteran administration (VA) form 10-P-10 (Application for Hospital Treatment or Domiciliary Care), dated 17 March 1947, shows he applied for medical treatment * VA form 10-2731 (Request for Administrative and Adjudicative Action), dated 27 October (year undetermined), shows service connected disabilities as internal derangement of right knee with possible torn [illegible] cartilage * physical examination, unknown date, shows he was diagnosed with poor mouth, in need of dental care, pyorrhea, cystic and pustular acne of face, back and front chest, and markedly undernourished and underweight * physical examination, dated 29 May 2013, shows the FSM’s issue for service connection for tuberculosis * certificate of death, dated 30 April 1951, shows the FSM’s date of death was 26 April 1951 * WWII honoree online document, shows the FSM served in the European theater of operations with the 4144th Quarter Master Service Company in Normandy on D-day and was awarded the PH medal, European-African-Middle Eastern Theater Campaign Ribbon and the WWII Victory Medal 4. The FSM’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. It is believed his records were lost or destroyed in that fire. 5. A review of the FSM’s service record shows: a. He was inducted in the Army of the United States on 11 October 1943. At the time of separation, he held military occupational specialty (MOS) 522 (Guard Patrolman) and he was assigned to the 4144th Quarter Master Service Company. b. His available service record is void of documentation awarding him the PH. c. The FSM’s WD AGO Form 100 shows he was honorably released from active duty on 20 November 1945. He completed 6 months and 23 days of continental service and 1 year, 5 months, and 17 days of Foreign Service. d. The FSM’s reconstructed WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) (titled Best Copy) shows he was honorably separated on 20 November 1945 at Fort Devens, MA, by reason of demobilization. His WD AGO Form 53-55 further shows in: * Item 31 (Military Qualifications and Date), the Marksman Marksmanship Qualification Badge with Rifle Bar * Item 32 (Battles and Campaigns), Normandy, Northern France, Rhineland, and Ardennes campaigns * Item 33 (Decorations and Citations), the Good Conduct Medal, World War II Victory Medal, and European-African-Middle Eastern Theater Ribbon * Item 34 (Wounds Received in Action), the entry "None" e. His WD AGO Form 100 also shows he was awarded or authorized Marksman Marksmanship Qualification Badge, Army Good Conduct Medal, WWII Victory Medal, and European-African-Middle Eastern Theater Campaign Ribbon. 6. By regulation AR 672-5-1 (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. BOARD DISCUSSION: After review of the application and all evidence, the Board found relief is not warranted. The applicant’s contentions were carefully considered. The FSM’s available record shows “none” for wounds received in action. The Board considered the website narrative; however, the website uses information provided by sources in which they cannot substantiate the entry. Based upon the preponderance of the evidence, the Board agreed there is insufficient evidence that shows he was wounded by enemy forces, or previously awarded the Purple Heart. 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 for correction of the records of the individual concerned. 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 672-5-1 (Awards), in effect at the time, prescribes policies and procedures for military awards and decorations, to include the Purple Heart (PH). a. The PH is limited to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded— * In any action against an enemy of the U.S * In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party * As the result of an act of any such enemy of opposing Armed Forces * As the result of an act of any hostile foreign force b. A Purple Heart is authorized for the first wound suffered under conditions indicated above. For the purpose of considering an award of this decoration, 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, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign force action. It is not intended that such a strict interpretation of the requirement for the wound/injury to be caused by direct result of hostile action be taken which would preclude the award being made to deserving personnel. For example: In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire; or, an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made. c. A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action as described above must have been made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000047 4 1