BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20180003439 APPLICANT REQUESTS: on behalf of her father, a former service member (FSM): a. award of the Purple Heart and b. correction of his WD (War Department) AGO (Adjutant General Office) Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * all medals he was awarded or authorized * his rank as technician fourth grade (T-4) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 16 February 2018 * Personal Property Receipt, dated 1 May 1947 * FSM's Official Military Personnel File * two National Military Establishment (NME) Forms 96 (Disposition Forms), dated 14 September 1949 and 20 February 1950 * letter, Chief Claims Division, General Accounting Office, dated 8 August 1950 * Certificate of Marriage, State of, recorded on July * Death Certificate, Office of Public Health, Department of Health, State of * Self-Authored letter, dated 10 January 2019 * Driver's License issued on 3 June 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, on behalf of her deceased father, a FSM: a. Her father was drafted into the Army and served in the battles of Normandy and Southern France. b. He was hit with shrapnel which was lodged in his neck and it was never removed. c. She requested his military records and the National Personnel Records Center told her that due to the 1973 fire, some records were badly damaged and they would send her photocopies of what they could find with regrets if copies were of poor quality. She was able to read most of the records but she found that her father's file was lacking information regarding his injury. d. Her father was assigned to the 386th Port Battalion alongside infantry on the shores of Normandy, providing food, ammunition, weapons, and any and all supplies needed for survival, and he was under enemy fire when the invasion began in Normandy. e. He was awarded Department of Veterans Affairs (VA) benefits. f. His records do not reflect his true service and medals he earned. g. He served in a segregated Army, but his records should reflect everything he is entitled. h. A letter from the Chief, Claims Division, dated 8 August 1950, stated her father held the rank of private from the day he was inducted into the Army until his discharge on 6 August 1947. However, her father's records contained a personal property receipt, dated 1 May 1947 and prior to his discharge, which listed his rank as T-4. His T-4 rank was established on 8 January 1942 and those who held that rank were addressed as sergeant. Therefore, she believes the 8 August 1950 letter contains erroneous information pertaining to her father's rank. i. She spoke with a medical records technician at the VA hospital in New Orleans, LA, and she was told they would not have any records pertaining to her father's treatment regarding the shrapnel in his neck and the information would be contained in his file at the National Personnel Records Center. However, her father's original file did not make it to the States from overseas for over 2 years after his discharge. It is suspect his records were destroyed in the fire. She questions whether his records as well as other veteran records were destroyed to conceal information he could have used against the Army regarding his treatment and undocumented reduction in rank which resulted in loss of pay and missing important medical treatment records. j. A medical write up stated her father acted like a "moron." She questions whether he could have been "shell shocked" or had combat stress reaction from the trauma of the war, bombs, and airplanes constantly flying overhead and being in a life or death situation, along with the stresses of being in a segregated Army. She also believes those who completed his temporary record portrayed her father's service in the worst way possible. She questions how could he have been a "moron" with the rank of T-4 and why would a private be making a pay claim. She believes he would not have held the rank T-4 if he was a "moron." 3. The FSM's records contain sufficient evidence to support additional awards not shown on his WD AGO Form 53-55. His WD AGO Form 53-55 will be administratively corrected to show award of the African-Middle Eastern Campaign Medal with two bronze service stars for service within the European Theater during the Southern France and Normandy Campaigns. 4. The Board will consider the applicant's request for award of the Purple Heart and promotion to the grade T-4 on behalf of her deceased father. 5. The FSM was inducted into the Army of the United States on 19 December 1942. 6. On 3 December 1943, the Troop Commander, 386th Port Battalion, Poverty Lane Camp, Lancashire, England, charged the FSM with violation of the 61st Article of War for leaving his appointed place of stovecore duty without proper leave, between on or about 0100 hours, 2 December 1943, to on or about 0530 hours on 2 December 1943. He pled guilty and he was found guilty and sentenced to forfeiture of $10.00 of his pay. His rank was listed as private (E-1). 7. Headquarters, 386th Port Battalion, Special Court Martial Order Number 32, dated 30 December 1943, shows the FSM was charge with the following: a. Charge 1, violation of the 61st Article of War for, without proper leave, absenting himself from his station from about 1800 hours, 19 December 1943 to about 0520 hours, 20 December 1943; b. Charge II, violation of the 96th Article of War for, with intent to wrongfully use the same, alter a pass issued to him by the 214th Port Company by changing the date thereon. He pled guilty and he was found guilty to Charge I. He pled not guilty to Charge II and he was found not guilty and not guilty to Charge II. He was sentenced to confinement for one month and forfeiture of $40 of his pay. His rank was listed as private. 8. Headquarters, European Theater of Operations Disciplinary Training Center Number 3, Special Court Martial Order Number 247, dated 22 May 1944, suspended the FSM's unexecuted confinement, effective 26 May 1944. His rank was listed as private. 9. Headquarters, 238th Quartermaster Battalion (Mobile) Training Center, Special Court Martial Orders Number 58, dated 9 November 1944, shows the FSM pled not guilty and he was found guilty of the 61st Article of War for, without proper leave, absenting himself from his organization and duties at the bivouac area in Chartres, France on highway N-188, from on or about 1 October 1944 to on or about 4 October 1944. He was found guilty and sentenced to hard labor for 6 months and forfeiture of $25 of his for 6 months. His rank was listed as private. 10. Headquarters, Continental Central Prisoner of War Enclosure Number 15, Special Court Martial Orders Number 16, dated 29 June 1945, shows the FSM pled not guilty and he was found guilty of violation of the 61st Article of War for, without proper leave, absenting himself from his organization at [redacted] France from on or about 1500 hours, 31 May 1945, to on or about 1800 hours, 31 May 1945; and for violation of the 96th Article of War, for failure to obey a lawful order from an officer on or about 31 May 1945. He was sentenced to confinement for 6 months and forfeiture of $18.66 of his pay for 6 months. His rank was listed as private. 11. His record contains Form 52C (Medical Department, U.S. Army), dated 28 January 1946, that shows his diagnosis of "carbuncle [severe abscess] on neck, lanced and drained," and a disposition of "to duty." His rank is listed as private. 12. On 10 February 1946, the Commander, 166th Ordinance Battalion, Vauxaillon- Aisne, France, charged the FSM with violation of the 61st Article of War for, without proper leave, absenting himself from his station at Vauxaillon-Aisne, France, from 2 February 1946 to on or about 9 February 1946. The FSM pled guilty and he was found guilty. He was sentenced to forfeiture of $10.44 of his pay. His rank/grade was shown as private (E-1). 13. Headquarters, Third Replacement Depot, Special Court Martial Order Number 466, dated 31 December 1946, shows the FSM was charged with violation of four specifications of the 96th Article of War on or about 26 November 1946 for wrongfully: * appearing at Paris, France, without a pass, order or written authority; in violation of Circular I, paragraph II, Headquarters U.S. Forces, European Theater, dated 2 January 1946 * having in his possession a forged Special Order for the purpose of deceiving military authorities * appearing in improper uniform to wit, in an officer's style overcoat * representing himself as a private first class for the purpose of deceiving military authorities He pled not guilty and he was found guilty of all specifications. He was sentenced to 6 months confinement at hard labor and forfeiture of $35.00 of his pay for 6 months. His rank was listed as private. 14. On 9 May 1947, the Commanding Officer of 7749th Staging Area, Bremerhaven, Germany, charged the FSM with violation of the 96th Article of War for wrongfully appearing at Aachen, Germany, on or about 8 May 1947, without a pass, order or proper written authority, in violation of Circular Number 162, paragraph 8, dated 4 November 1946. He pled guilty and he was found guilty. He was sentenced to 30 days of hard labor and forfeiture of $30.00 of his pay for 1 month. His rank was listed as private. 15. His records contain an undated medical card signed by the Squadron Surgeon, Medical Detachment, 4th Constabulary Squadron, 15th Constabulary Regiment, Berlin, who stated he examined the FSM and noted no gross physical defects and no apparent psychological deficiencies. His rank was listed as T-4. 16. Headquarters, Camp Kilmer, New Brunswick, New Jersey, Special Orders Number 158, dated 7 June 1947, assigned him to 5202 Transportation School Unit- Transportation Corps, Separation Company, for further assignment to 60 days of terminal leave with a scheduled discharge date of 6 August 1947. His rank was listed as private. 17. His WD AGO Form 24A (Service Record) (Temporary) shows in: a. Section 8 (Wounds Received Through Enemy Action) – no entries. b. Section 12 (Appointments, Promotions, or Reductions) – "pvt" (private). c. Section 14 (Service Outside Continental United States) – * he departed, on 20 August 1943, and arrived at Liverpool, England, on 5 September 1943 * he departed Bremerhaven, Germany, on 15 May 1947, and arrived at New York Port of Embarkation, on 25 May 1947 d. Section 21 (Medals, Decorations, and Citations) – he was awarded or authorized: * two battle stars (bronze service stars) for campaign participation in Normandy and Southern France * World War II Victory Medal 18. His WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 6 June 1947, shows in: a. item 3 (Grade) – his grade as private, b. item 11 (List all significant diseases, wounds, and injuries. State circumstances under which wounds or injuries were incurred and date of onset.) – shows no wounds or injuries, c. item 15 (skin) – "Multiple scar thighs well healed EPTS [existed prior to service] Non-Symptomatic Non-Disabling," and d. item 43 (Remarks, special tests, or other defects) – no entries. 19. On 6 August 1947, he was honorably discharged from active duty. His WD AGO Form 53-55 shows in: a. item 3 (Grade) – private, 18 December 1942, b. item 32 (Battles and Campaigns) – he participated in the battles of: * Normandy * Southern France c. item 33 (Decorations and Citations) – he was awarded or authorized the: * Army of Occupation Medal * World War II Victory Medal d. item 34 (Wounds Received in Action) – no entries, e. item 38 (Highest Grade Held) – his highest grade held was private, f. item 40 (Reason and Authority for Separation) – he was discharged under the provisions of Army Regulation 615-365 (Enlisted Men – Discharge – Convenience of the Government), and g. item 55 (Remarks) – he was discharged on temporary service records and a statement. 20. His WD AGO Form 100 (Separation Qualification Record) shows in: a. item 3 (Grade) – his grade was private, b. military occupational assignments – * 3 months, private, Basic (Training), military occupational specialty (MOS) 521 * 47 months, private, Warehouseman, MOS 188 21. His available records are void of orders awarding him the Purple Heart or any evidence showing he was wounded by enemy forces as the result of combat operations. His records are also void of orders showing he was promoted above the rank of private. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the Former Service Member’s (FSM) record of service, the frequency and nature of his misconduct, his rank as it appears in the records and the rank on is discharge documents. The Board considered the medical document showing an abscess on his neck. The Board found insufficient evidence to show the FSM was wounded in action or that he satisfactorily held a higher rank. Based on a preponderance of evidence, the Board determined that the absence of a Purple Heart and the rank shown at the time of the FSM’s separation was not in error or unjust. The Board concurs with the correction stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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 awards shown in the Administrative Note(s) that follow to item 33 (Decorations and Citations) of the WD AGO Form 53-55 for the period ending 6 August 1947. 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 award of the Purple Heart or amendment of rank. 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): A review of the applicant's records shows he was awarded or authorized the European-African-Middle Eastern Campaign Medal with two bronze service stars which are not listed on his DD Form 214. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Concussion injuries caused as a result of enemy-generated explosions. (6) 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. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Chemical, biological, or nuclear agents not released by the enemy. (6) Battle fatigue. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) Post traumatic stress disorders. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears). (13) 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. (14) Abrasions and lacerations (unless of a severity to be incapacitating). (15) Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). (17) First degree burns. 3. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, governed procedures for execution of the Discharge Certificate, Certificates of Service, and the respective Military Record or Enlisted Record and Report of Separation. It described the proper method of executing the WD AGO Form 53-55. Instructions stated for item 3, to enter the grade held at the time of separation. 4. Army Regulation 615-5 (Enlisted Men – Appointment and Reduction of Noncommissioned Officers and Privates, First Class), in effect at the time, provided for appointments and reductions of noncommissioned officers and privates, first class. a. Section I (Appointment), paragraph 8 stated technicians were noncommissioned officers of the third, fourth, and fifth grades and were appointed for specific duties of a technical or administrative nature. All appointments during the period would be temporary and instruments of appointment would be published. b. Section II (Reduction), paragraph 13, stated an appointment could be terminated by court-martial. (1) A court martial could terminate an appointment in accordance with the Articles of War, within the prescribed maximum limits of punishment. (2) The action taken to reduce a noncommissioned officer prescribed reduction to the grade of private. (3) The misconduct or inefficiency believed to make termination of appointment necessary would be reported by the immediate commanding officer of the noncommissioned officer concerned through military channels to the appointing authority, who would carefully and expeditiously examine the facts in the case, through a board of officers, or by other similar methods if he so elected, to determine the facts in connection with the alleged inefficiency or misconduct and whether or not there was just cause for the termination of the appointment. (4) Termination of appointment would be effective on the date of publication of the court-martial order approving reduction. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003439 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1