ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 May 2020 DOCKET NUMBER: AR20190008003 APPLICANT REQUESTS: correction of his War Department Adjutant General's Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 26 April 2019 * WD AGO Form 53-55 * Certificate of Disability for Discharge, dated 26 October 1945 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's 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 the applicant's records were lost or destroyed in that fire. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case. 3. The applicant states: a. He was never awarded a Purple Heart for injuries sustained in Luxenberg, Germany. b. He sacrificed his right eye in defense of our Nation. 4. His WD AGO Form 53-55 shows: a. He was inducted into the Army on 12 March 1943 and entered active service on 19 March 1943. b. He arrived in the European Theater of Operations on 21 December 1944 and departed the theater on 8 May 1945. He arrived in the Continental United States on 19 May 1945. c. He participated in the Rhineland and Ardennes Campaigns. 5. He provided a copy of his Certificate of Disability for Discharge that shows he was evaluated by a medical board of officers on 26 October 1945. After careful consideration of all information, the medical board found that the applicant was unfit for military service and recommended that he be discharged because of: * blindness, total, right, traumatic cataract, result of gunshot wound on 20 February 1945 in Luxenberg, Germany * internal derangement, left knee, manifested by pain and weakness, result of injury following parachute jump Fort Benning, Georgia, on 9 September 1943 6. On 27 October 1945, he was honorably discharged by reason of physical disability. He completed 2 years, 1 month, and 29 days of Continental service and 5 months and 10 days of foreign service. His WD AGO Form 53-55 shows in: a. item 33 (Decorations and Citations) – he was awarded or authorized the: * European-African-Middle Eastern Campaign Medal with two bronze service stars * Army Good Conduct Medal b. item 34 (Wounds Received in Action) – "None." 7. There is no evidence which indicates the applicant was wounded as a result of hostile action. 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 available record of service, the belief that his records were burned or lost in the fire at the personnel records center, the determination of the medical board of officers, the reason for his blindness in one eye, the entry of “None” in item 34 (Wounds received in Action) on his WD AGO 53-55 and the absence of evidence to show the circumstances of his eye injury. The Board found insufficient evidence to show the applicant’s gunshot wound was the result of hostile action and the applicant provide no in-service or post- service documents to clarify how he sustained his wound. Based on a preponderance of evidence, the Board determined that the absence of the award of the Purple Heart was not in error or unjust. The Board concurred with the corrections stated in the Administrative Note(s) below. 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 :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, with the exception of the corrections stated in the Administrative Note(s) that follow, 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): The applicant met the criteria for the following awards not listed on his WD AGO Form 53-55: * World War II Victory Medal * American Campaign Medal ? 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 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force of the United States under the jurisdiction of the Secretary of the Army who, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received, under any of the following circumstances: (1) In any action against an enemy of the United States. (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (4) As the result of an act of any such enemy or opposing Armed Forces. (5) As the result of an act of any hostile foreign force. (6) After 7 December 1941, pursuant to Title 10, USC, section 1129, as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of the willful misconduct of the member. (7) On or after 7 December 1941, to a member who is killed or dies while in captivity as a Prisoner of War under circumstances establishing eligibility for the Prisoner of War Medal, unless compelling evidence is presented that shows the member’s death was not the result of enemy action. b. To qualify for award of the Purple Heart the wound must have been of such severity that it required treatment, not merely examination, by a medical officer. A wound is defined as an injury to any part of the body from an outside force or agent. A physical lesion is not required. (1) Treatment of the wound will be documented in the member’s medical and/or health record. (2) Award may be made for a wound treated by a medical professional other than a medical officer provided a medical officer includes a statement in the member’s medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment. (3) A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants, and other medical professionals qualified to provide independent treatment (to include Special Forces medics). Medics (such as combat medics – military occupational specialty 68W) are not physician extenders. (4) A medical officer is defined as a physician with officer rank. The following are medical officers: (a) An officer of the medical corps of the Army. (b) An officer of the medical corps of the U.S. Navy. (c) An officer in the U.S. Air Force designated as a medical officer in accordance with Title 10, USC, section 101. c. A Purple Heart is authorized for the first wound suffered under conditions indicated above; for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon. No more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy emplaced trap, mine or other improvised explosive device. (3) Injury caused by chemical, biological, or nuclear agent released by the enemy. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract. (6) Concussions (and/or mild traumatic brain injury (mTBI)) caused as a result of enemy-generated explosions that result in 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. d. Some examples of injuries which do not justify eligibility for 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) Exposure to chemical, biological, or nuclear agents not directly released by the enemy. (6) Battle fatigue, neuro-psychosis and post-traumatic stress disorders. (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) First degree burns. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears, ruptured tympanic membrane). (13) mTBI that does not 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 or lacerations (unless of a severity requiring treatment by a medical officer). (15) Bruises or contusions (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). e. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. f. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946 under any of the following conditions: (1) On permanent assignment outside the continental limits of the United States. (2) Permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days or 60 nonconsecutive days. (3) Outside the continental limits of the United States in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days. (4) In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher unit, or independent force that the Soldier actually participated in combat. (5) Within the continental limits of the United States for an aggregate period of 1 year. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008003 3 1