DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 3 December 2019 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for , SSN XXXXXXXXX, AR20190005885 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 1 August 2019, in which the Board members recommended denial of the applicant’s request for a Purple Heart. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by: awarding him the Purple Heart for injuries received in Germany, 23 January 1945 and; amending his WD AGO 53-55 for the period of service ending 8 April 1946 to add to the current entries in item 33 (Decorations and Citations) – “Purple Heart”. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 7 February 2020. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: X Encl Deput y Assist ant Secret ary of the Army CF: ( ) OMPF Printed on Recycled Paper ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20190005885 APPLICANT REQUESTS: reconsideration of his earlier request for correction of his War Department Adjutant General's Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart (PH), and the European African Middle Eastern (EAME) Campaign Medal with two bronze service stars. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record), dated 1 May 2019 * Self-authored letter, dated 13 June 2015 * U.S. Army Surgeon General Office (SGO) Hospitalization File Listing for 1944 * WD AGO 53-55 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 (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 provided new arguments not previously considered that warrant consideration at this time. 3. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR2015016643, dated 24 September 2009, and Docket Number AR20040008992, dated 17 May 2005. 4. The applicant states he served with the 66th Infantry Division and he was frozen while on patrol in Cherbourg, France, and therefore, he was admitted to the 48th General Hospital. a. While at the hospital he was awarded the PH at his bedside, but he never received the actual award. b. He should have two bronze service stars for his EAME Campaign Medal for his service in Germany, near the Rhine River and Cherbourg, France. 5. The applicant provided a copy of U.S Army SGO Hospitalization File Listing for 1944 and Information from the Hospital Admission Cards by the Office of The Surgeon General, Department of the Army, which shows his information as follows: * Month/Year of Admission – January 1944 * State of Admission – Camp Joseph T. Robinson, Arkansas * First Diagnosis – Retained foreign body, New (retained foreign body is a traumatism) * Causative Agent – Foreign Object * Disposition – Duty * Disposition Date – "Month Not found 194-" 6. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 8 April 1943. This form also shows in; a. item 6 (Organization), he served with the 42nd Infantry Division, 232nd Infantry Regiment, b. item 31 (Military Qualification and Date), he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (.30 Caliber) and the Combat Infantry Badge, c. item 32 (Battles and Campaigns), he participated in the Northern France Campaign, d. item 33 (Decorations and Citations), he received the EAME Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal, e. item 34 (Wounds Received in Action), the entry "NONE," and f. item 36 (Service Outside Continental U.S. and Return), he departed the U.S. on 15 November 1944 and arrived in the European Theater on 26 November 1944; he departed the European Theater on 26 November 1945 and arrived the U.S. on 3 April 1946. 7. His available records contained a WD AGO Form 106 (Request for Decoration and or Citation) that shows: a. he was hospitalized for 30 days in the 99th General Hospital due to frostbite while out on patrol and b. a request for award of the PH was submitted on 7 April 1946 and signed by a certifying officer and the applicant and shows the approximate date for this award occurred on 23 January 1945. 8. On 17 May 2005 and in ABCMR Docket Number AR20040008992, the Board denied his request for award of the PH and cited there was no medical evidence of record which showed he was diagnosed with "severe" frostbite as required by the governing regulation at the time in question. 9. On 17 December 2005, he was issued a DD Form 215 (Correction to DD Form 214) which awarded him the EAME with one bronze service star and the Bronze Star Medal. 10. On 28 July 2016 and in ABCMR in Docket Number AR20150016643, the Board denied his request for the PH based on his failure to timely file for reconsideration. 11. The applicant's WD AGO Form 106 shows he was hospitalized due to frostbite requiring hospitalization as indicated in Army Regulation 600-8-22 (Military Awards), paragraph 2-8h. 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, his record of service, previous corrections to his records (DD Form 215), and his name on hospital records. The Board found insufficient information related to his hospitalizations in order to determine a diagnosis of severe frostbite. The Board determined that the applicant did not meet the criteria for award of the Purple Heart. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. X CHAIRPERSON 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): n/a 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 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 600-8-22 states the PH 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, not merely examination, by a medical officer, and the medical treatment must have been made a matter of official record. a. When contemplating an award of this decoration, 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 sole justification for award. Examples of enemy- related injuries which clearly justify award of the PH 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. Paragraph 2-8h states, in part, examples of injuries or wounds which clearly do not justify award of the PH to include frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). 3. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 42nd Infantry Division, 232nd Infantry Regiment, participated in the following campaigns: * Ardennes-Alsace –16 December 1944 – 25 January 1945 * Central Europe – 22 March – 11 May 1945 * Rhineland – 15 September 1944 – 21 March 1945