IN THE CASE OF: BOARD DATE: 13 July 2020 DOCKET NUMBER: AR20190012224 APPLICANT REQUESTS: on behalf of her deceased grandfather, a former service member (FSM), award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 25 December 2015 * Self-authored Statement, dated 22 July 2019 * Young American Patriots extract, dated c. 1946, page 132 * Division of Vital Records, Certificate of Birth, * Division of Vital Records, Certificate of Death, , dated 28 July 2005 * Statement of Death by Funeral Director, dated 30 July 2005 * National Archives (NA) Form 13038 (Certification of Military Service), dated 31 January 2014 * Division of Vital Records, Certificate of Death, , dated 5 November 2017 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: a. Her deceased grandfather earned a Purple Heart after he was shot in Germany during World War II. After being released from the hospital, he was sent home and he never received the award. b. He was receiving compensation and pension for his injury. He was also a member of the Disabled American Veterans. 3. The FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's 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. 4. On 2 February 1943, the FSM was inducted into the Army of the United States. 5. The applicant provided copies of: a. an extract from "Young American Patriots," dated c. 1946, that contains a photograph of the FSM with biographical information, including his city, state, spouse, and his religion. It also shows his dates of service, medals and decorations he was awarded or authorized during World War II, and the countries in which he served. The extract also contains: (1) an entry indicating he was "wounded accidentally in Germany [on] May 5, 1942." (2) awards and decorations he was authorized listed as: * Bronze Star Medal * Army Good Conduct Medal * World War II Victory Medal * American Campaign Medal * European-African-Middle East Campaign Medal (3) Countries of his foreign service listed as: * France * Belgium * Holland * Germany b. a birth certificate issued by the Division of Vital Records of the, , showing she is the daughter of B____, who was the son of the FSM. c. a Statement of Death by Funeral Director, dated 30 July 2005, showing the FSM was married to B____. d. a death certificate issued by the Division of Vital Records of the, dated 28 July 2005, showing the FSM was married to B____. e. an NA Form 13038 (Certification of Military Service), dated 31 January 2014, showing the FSM was a member of the Army of the United States from 2 February 1943 and he was honorably discharged on 5 January 1946. f. a death certificate, issued by the Division of Vital Records of the, dated 5 November 2017, showing the FSM was the father of B____. 6. The FSM's reconstructed service records are void of evidence showing he was injured or he was awarded or authorized the Purple Heart. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The only evidence available indicating the FSM was wounded is an extract from "Young American Patriots," dated c. 1946. This document states he was wounded accidentally in Germany on 5 May 1942. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 3. In the absence of evidence showing the FSM was wounded as a result of hostile action or that his accidental wounding was caused by enemy action, the Board determined the evidence is insufficient as a basis for awarding him the Purple Heart. 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, 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. 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. 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) 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) Mild traumatic brain injury 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012224 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1