ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 July 2019 DOCKET NUMBER: AR20180000915 APPLICANT REQUESTS: reconsideration of her late father’s (a former service member (FSM)) request to be awarded the Purple Heart for injury(ies) during World War II. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Statement from the FSM’s daughter * Statement from a retired Army colonel * List of links to Youtube videos * Link to a website related to a Fox news interview * Front page of previous Record of Proceedings (ROP) * FSM Death Certificate * VA Advanced Directive * Burnt forms that were considered in the previous ROP FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040007224 on 21 April 2004. 2. The applicant provides: a. Letter indicating that she was provided with a letter from a friend of her father, the FSM, indicating that she needed to be the applicant of the request to correct his military records. The friend provided her the letter which indicates that she needed to show proof that her father has died and her relationship to him. She has done so and provided his death certificate. b. Letter from a retired colonel who states he is writing regarding the effort for a Purple Heart for the FSM, a World War II Veteran, who was injured by a landmine in Germany. His request was previously denied because of invalid information. His records were destroyed in the Army records fire in the 1970s. The partial records used to deny his claim have proven not to belong to the FSM. These are attached as enclosures. The combination of misunderstanding the information originally submitted, the use of incorrect service records, and the interview of the FSM (referenced in website links) serve as the new material for consideration of correcting his service record. His stories are documented in https://www.youtube.com/xxxxxxxx; http://foxl7.com/news/locaI/after-death-quest-for-xxxxxxxx; and an interview conducted in 2014 where he provided him (the author) the details of the events regarding the injuries he suffered by enemy action (https://www.youtube.com/watchxxxxxxx). This interview is especially critical new evidence which clearly explains the basis of the misunderstanding of his correspondence as well as the witnesses who saw that the incident was the result of enemy action. He earned the Purple Heart and the Board is only one now who can correct this mistake. The author asks the Board to heal the wounds of his family by providing them the medal he earned and deserves. c. Death certificate, advanced directive, and some burned records that were considered in the previous case. d. A second letter, dated 15 may 2019, from the retired colonel to the Acting Secretary of the Army, wherein he states the FSM was injured by a landmine in Germany. His request was denied because Army bureaucrats who refused to review his claim which was denied because of invalid information. His records were destroyed in the Army records fire in the 1970s. The partial records used to deny his claim have been proven not to belong to FSM. He died before he could receive the reward he earned in the service of our country. His dying wish was that his family be provided his medal. His family submitted another request to the Army Review Boards Agency and are waiting for the good news that this error has been corrected. The author also listed the news stories about the FSM;s endeavor and concluded by saying the FSM earned the Purple Heart and he (Acting Secretary of the Army) is the only one now who can correct this mistake. 2. The FSM's complete 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. Review of the FSM’s available service records shows: a. His WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) shows he was inducted into the Army of the United States on 30 December 1943 and entered active duty in Boston, MA on 20 January 1944. This form also shows at the time of his separation the FSM: * held military occupational specialty 014 (Automotive Mechanic) * was assigned to 1097th Labor Supervision Company b. His WD AGO Form 53-55 shows he served in the European Theater of Operations (ETO) from 20 January 1945 to 9 May 1946. c. He completed 11 months and 24 days of continental service and 1 year, 4 months, and 9 days of foreign service. He was honorably separated on 22 May 1946 at Fort Devens, MA by reason of demobilization. His WD AGO Form 53-55 shows in: * Item 31 (Military Qualifications and Date), the Marksman Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and Combat Infantryman Badge (shown in the Remarks block) * Item 32 (Battles and Campaigns), Rhineland and Central Europe campaigns * Item 33 (Decorations and Citations), the European-African-Middle Eastern Theater Campaign Ribbon, Good Conduct Medal, Army of Occupation Medal with Germany Clasp, and World War II Victory Medal * Item 34 (Wounds Received in Action), the entry "None" d. On 21 April 2004, the Board considered his request for award of the Purple Heart. The Board found/determined: * There is no evidence in the available records that shows the FSM (then the applicant) was wounded as a result of hostile action during World War II. * Service medical records show that on 12 May 1945 the FSM (then the applicant) was hospitalized following a truck accident wherein he was thrown onto his abdomen and several gas cans landed on top of him e. The Board denied award of the Purple Heart. The Board, however, determined that administrative errors in the FSM’s records should be corrected to show that he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and European-African-Middle Eastern Campaign Medal with two bronze service stars. f. He was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added the administrative corrections (awards) to his DD Form 214. g. In a series of videos and interviews, the FSM talks about his experience during World War II and states that he was injured. There are no other medical records, morning reports, Western Union Telegrams, witness statements, eyewitness affidavits, or other documentary evidence to corroborate the FSM’s injury, or treatment, or reveal the exact nature and circumstances surrounding the FSM's contested injury. 4. By regulation (AR 600-8-22), 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 medical treatment * the medical treatment must have been made a matter of official record BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Because awarding the Purple Heart recognizes an individual for specific injuries related to combat operations on specific dates, at specific locations, which are supported by documentary evidence in the record and that information was not included within the application, the Board found that the applicant failed to show an error or injustice which would warrant making a change to a the prior ABCMR decision. 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: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 medical treatment, and the medical treatment must have been made a matter of official record. ABCMR Record of Proceedings (cont) AR20180000915 5 1