IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20190015130 APPLICANT REQUESTS: the applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) by awarding and adding the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55 * Notarized Proof of Identification * Mail Application for Birth and Death Record * Certificate of Death * Certificate of Live Birth * a letter from the War Department, Adjutant General’s Office, Washington, D.C., dated 27 January 1945 * Western Union telegram, dated 26 January 1945 * WD AGO Form 100 (Separation Qualification Record) * Honorable Discharge Certificate * 3-page personal statement * 5-page article FACTS: 1. The FSM's complete military record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his WD AGO Form 53-55 and documents provided by the applicant and the National Personnel Records Center. 2. The applicant states, although her father did not suffer physical wounds, he suffered remembering the horror of combat the rest of his life. She remembers the nightmares, his screaming as he recalled being in combat, a prisoner of war, and missing in action. His wounds were not visible but were caused as the result of being in combat. However, since then, studies have revealed that another kind of wound or instrument of war has evolved, post-traumatic stress disorder (PTSD), as the result of being in combat. 3. The FSM was inducted into the Army of the United States on 10 June 1944, and he entered active duty on the same date. 4. He was honorably discharged on 19 October 1945. His WD AGO Form 53-55 shows he: * served in military occupational specialty 017 (Baker) * served in the European, African, Middle Eastern Theater * was assigned to Headquarters Detachment, 1916 Service Command Unit * participated in the Rhineland, Ardennes, and Central European campaigns * was awarded the Army Good Conduct Medal, Meritorious Unit Commendation, European-African-Middle Eastern Campaign Medal (EAMECM), and the Army Service Ribbon * was credited with 1 year, 4 months and 9 days of service for pay purposes, of which 5 months and 26 days were overseas * did not receive wounds in action 5. Evidence shows the FSM was held as a prisoner of war in Germany from 7 January to 22 May 1945. 6. The FSM’s records were corrected by the ABCMR on 20 August 2018, by deleting the EAMECM and awarding him the: * Prisoner of War Medal * EAMECM with 3 bronze service stars * World War II Victory Medal * Army of Occupation Medal with Germany clasp 7. The applicant did not provide evidence to verify that the FSM received a wound which, was the result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record. 8. The applicant provides a personal statement and an article pertaining to PTSD, which explores the invisible combat related wounds, which last a lifetime just as physical wounds do. 9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 medical personnel, 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 injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy-placed mine or trap; and concussion injuries caused as a result of enemy-generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are frostbite (excluding server frostbite requiring hospitalization from 7 December 1941 to 22 August 1951), trench foot injuries, heat stroke, battle fatigue, accidental wounding not related to or caused by enemy action, and PTSD. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that there was insufficient evidence to grant relief. Regrettably, the Board found no documentation within the official record showing the applicant was wounded as a direct result of enemy contact while in combat or as a result of hostile action, or was treated by military medical personnel at the time of the incident. The records available do not indicate any wounds that the applicant had at the time of discharge. Regulatory guidelines state that PTSD is an example of an injury or wound which clearly does not justify award of the Purple Hear Medal. Therefore there is no indication that the applicant met the regulatory requirements for award of the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 medical personnel, 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 injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy-placed mine or trap; and concussion injuries caused as a result of enemy-generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are frostbite (excluding server frostbite requiring hospitalization from 7 December 1941 to 22 August 1951), trench foot injuries, heat stroke, battle fatigue, accidental wounding not related to or caused by enemy action, and PTSD. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015130 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1