ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20180010225 APPLICANT REQUESTS: award of the Purple Heart Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * War Department Adjutant’s General Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * Solder’s Qualification Card * Letter – Veterans Administration (Request for Medical Treatment Information), dated 9 January 1946 * WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) * War Department (WD) Informal Action Sheet (Applicant’s Request for Early Discharge) * Applicant’s Request for Award of the Combat Infantryman Badge (CIB) * WD Battle Casualty Report, dated 22 July 1944 * Casualty Message Telegram, dated 30 July 1944 * Congressional Recognition of Former Prisoner of War (POW) * WD AGO Letter (Combat Infantryman Badge), dated 24 January 1946 * Report of Physical Examination and Induction * U.S. Army, Headquarters, North African Theater of Operations (Safeguarding of Prisoner of War Information) * WD Office of the Quartermaster General, (Information Required for Graves Registration) * Profile Classification Board Proceedings, dated 3 April 1945 * Special Orders Number 23 (90 Days Recuperation), dated 23 January 1946 * Indorsement of Efficiency Rating and Approved Awards, dated 9 January 1946 * WD AGO (Amended Instructions Concerning Publicity in Connection with Escaped Prisoners of War), dated 2 May 1945 * State of Massachusetts Congressional Correspondence (Transfer of the Applicant) * WD AGO Form 06-7 (Enlisted Branch A.G.O. Transfer Slip) * Letter – Applicant’s Mother (Mrs. E.P.P.), dated 21 October 1944 * Correspondence Regarding Applicant’s Discharge from Military Service * WD AGO Form 165-1 (Enlisted Record – Enlisted Reserve Corps) * Battle Casualty Report, dated 30 January 1944 * Application for National Service Life Insurance * DA Form 24A (Service Record) * WD AGO Form 194 (Request for Medical Records – Enlisted Personnel) * Morning Reports (Machine Prepared Report of Change) 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 he was a Prisoner of War from January to July 1944. He was wounded on 28 January 1944 just before he was captured. The medics said they would put him in for a Purple Heart. During his separation at Fort Devens, MA, it was hectic and everyone just wanted to go home. He would like to get his DD Form 214 updated so he can get his Purple Heart and anything else he earned. 3. The applicant provides: a. A variety of documents that initially supports his claim of being Missing in Action (MIA) and held as a Prisoner of War (POW). However, he has correspondence from U.S. Army Human Resources Command (HRC), Awards and Decorations Branch (ADB), dated 7 March 2019 that indicate: * He submitted WD AGO Form 38 (Report of Physical Examination) dated 11 May 1946, which states he suffered from malaria in March 1944 and malnutrition in November of the same year. In accordance with Army Regulation (AR) 600-8-22 (Military Awards), neither of those ailments justify award of the Purple Heart. * The Battle Casualty Reports that classified him as a MIA in themselves were not sufficient evidence to officially recognize him as a confirmed POW. He was not eligible for award of the POW Medal. 4. The applicant'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 his 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. This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55 and his Soldier’s Qualification Card. 5. The applicant’s WD AGO Form 53-55 and Soldier’s Qualification Card shows: a. He was inducted into the Army of the United States on 3 June 1943. b. He served in the European African Middle Eastern Theater of Operations from 18 November 1943 to 2 September 1944. c. There are no entries in Section 8 of his Soldier’s Record or item 34 of his WD AGO Form 53-55 indicating he was wounded as a result of enemy action. d. He was honorably discharged on 12 May 1946 under the provisions of AR 615-365 (Convenience of the Government – Demobilization) as a private/E-1. His WD AGO Form 53-55 shows he completed 2 years, 10 months, and 26 days of active service. It also shows he was awarded or authorized: * Army Good Conduct Medal * European African Middle Eastern Theater Campaign Ribbon * American Theater Campaign Ribbon * World War II Victory Medal 6. Battle Casualty Reports classified him as MIA from 30 January 1944 to 22 July 1944. 7. The remarks block of the WD AGO Form 53-55 addressed issues other than his MIA and POW statuses. 8. By regulation/directive: a. AR 635-5 (Personnel Separations – Separation Documents) states for a Soldier with prisoner of war documentation, the entry "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date" will be entered in the “Remarks” section of the discharge document. b. AR 600-8-22 (Military Awards) states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive. 9. AR 600-8-22 states 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 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. a. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration 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 the sole justification for award. b. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of the evidence, the Board agreed his record is absent substantiating evidence that verifies he was wounded as the result of hostile action. Based upon the documentary evidence provided by the applicant and found within the applicant’s military service record, the Board found evidence which shows he was treated for illnesses and not wounds caused by the enemy. Wounds caused by the enemy must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: 1. 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. 2. However, prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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 is authorized awards and decorations not annotated on his WD AGO Form 53-55. As a result, correct his WD AGO Form by: * adding the Bronze Star Medal * adding the Prisoner of War Medal * adding the American Campaign Medal * deleting the European-African-Middle Eastern Campaign Medal * adding the European-African-Middle Eastern Campaign Medal with two bronze service stars * deleting the Victory Medal * adding the World War II Victory Medal * adding the Combat Infantryman Badge (1st Award) * adding the Expert Marksmanship Qualification Badge with Rifle Bar 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 (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. 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 above. 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. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration 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 the sole justification for award. d. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. 3. Army Regulation 190-8 (Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees) establishes policies and planning guidance for the treatment, care, accountability, legal status, and administrative procedures for Enemy Prisoners of War. It states an enemy prisoner of war is a detained person as defined in Article 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949. In particular, one who, while engaged in combat under orders of his or her government, is captured by the armed forces of the enemy. 4. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010225 3 1