ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



	BOARD DATE:  20 March 2019

	DOCKET NUMBER:  AR20180002236


APPLICANT REQUESTS:  To be awarded the Purple Heart


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Correspondence regarding award of the Purple Heart
*	Narrative description of his life and military service
*	Maps 
*	WD AGO Form 53-55 (Enlisted Record and Report of Separation)
*	WD AGO Form 100 (Separation Qualification Record)

FACTS:

1.  The applicant's complete military records are not available for review.  A fire 
destroyed approximately 18 million service members' records at the National Personnel 
Records Center (NPRC), St. Louis, MO, in 1973.  It is believed his records were lost or 
destroyed in that fire.  This case is being considered using the documents he provides. 

2.  The applicant submitted a narrative description of his World War II service.  

     a.  The applicant recalls being on patrol one day and stepping on a matchbox mine. 
The mine exploded and he incurred a “pretty nasty ankle wound.”  He stated the 
paperwork got lost and he never received the Purple Heart.

     b.  The applicant subsequently found out that what he stepped on was a German 
"Schu" mine.  It consisted of a small wooden box with a hinged lid that contained a 
small amount of TNT and a detonator.  They were more than capable of blowing off a 
foot or worse.  The Germans buried them under a few inches of dirt and they exploded 
when stepped on.  

     c.  The wound he incurred was serious enough for him to be evacuated by plane to 
Paris where he was admitted to an American hospital.  Initially the doctor wanted to 
amputate his foot, but an American Army doctor felt like his leg could be saved through 
treatment and physical therapy.  

     d.  In April 1945, after he was well enough, he rejoined his unit and continued to fight 
in the war.  

3.  The applicant submitted maps of Europe, including one of Germany annotated to 
show the place where he got injured.  

4.  The applicant submitted a WD AGO Form 53-55 dated 25 December 1945 that 
shows he served in the European Theater of Operations from 5 April 1944 to 
11 December 1945, and he was awarded the Combat Infantryman Badge.  Item 34 
(Wounds Received in Action) of the form shows the entry "none."  

5.  The available service records do not confirm that he was wounded as a result of 
hostile action.  No medical records are available for review.

6.  On 26 October 2017, the Awards and Decorations Branch, U.S. Army Human 
Resources Command, advised a Member of Congress that they were unable to verify 
the applicant's entitlement to the Purple Heart.  To support his claim, he was advised to 
contact NPRC to request a search for unit morning reports, which would normally note 
when a Soldier was injured in the line of duty, or to provide any documentation from the 
Department of Veterans Affairs related to any service-connected disabilities he may 
have.  

7.  The applicant states he has requested unit morning reports for 30 and 31 March 
1945.  There is no indication that NPRC was able to locate these reports.

8.  Army Regulation 600-8-22 (Military Awards) states 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 determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  Based upon the preponderance of evidence, the Board agreed his record 
and supporting documents to not demonstrate regulatory he was wounded by enemy 
forces nor met criteria listed in regulatory guidance entitling him to 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

Army Regulation 600-8-22 (Military Awards) states 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.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180002236

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