IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210015010 APPLICANT REQUESTS: correction of the Former Service Members (FSM) WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending on 7 December 1946 to reflect award of the Purple Heart medal. Also, issuance of the following medals: * Bronze Star Medal * Army Good Conduct Medal * European African Middle Eastern Campaign Medal * World War II Victory Medal * American Campaign Medal * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55, dated 7 December 1946 * Certificate, Honorable Discharge, dated 7 December 1946 * Record of Death, dated 19 June 1955 * Home document * Report of Internment, dated 8 July 1955 * VA Form 8-606 (Decision), dated 22 July 1955 * Photograph * Ancestry.com information * Birth Certificate 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. On behalf of the FSM, the applicant states in pertinent part that the FSM was never issued the Bronze Star Medal, Army Good Conduct Medal, European African Middle Eastern Campaign Medal, World War II Victory Medal, American Campaign Medal, Purple Heart or the Combat Infantryman Badge. 3. A review of the FSMs WD AGO 53-55 provides that the FSM is authorized all of the aforementioned medals with the exception of the Purple Heart, therefore they will not be addressed further by this Board. However, the applicant's request for the Purple Heart will be addressed by the Board. 4. The ABCMR corrects records; the Board does not issue medals or badges. Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency. Requests for the issuance or replacement of military service medals, decorations, awards, badges, certificates and corresponding accouterments should be directed to the specific branch of the military in which the veteran served. For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA 19111. 5. The FSMs 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 a WD AGO Form 53-55. 6. A review of the FSM's available personnel records reflects the following: a. On 30 November 1942, the FSM was inducted into the Army of the U.S. to serve within the Infantry. b. On 14 December 1942, he entered into active service. c. On or about 6 October 1944, the FSM departed the Continental U.S. in support of World War II. d. During World War II, the FSM served as a truck driver and participated in the Rhineland and Central Europe Campaigns. e. On or about 31 July 1945, the FSM returned to the U.S. f. On 7 December 1946, the FSM was honorably discharged. His issued WD AGO Form 53-55, item 33 (Decorations and Citations) reflects the following: Bronze Star Medal, Army Good Conduct Medal, European African Middle Eastern Campaign Medal, World War II Victory Medal, American Campaign Medal; item 31 (Military Qualification and Date) reflect award of the Combat Infantryman Badge; item 34 (Wounds Received in Action) reflects "none"; item 40 (Reason and Authority for Separation) reflects: Certificate of Disability for Discharge Section I, Army Regulation (AR) 615- 361(Discharge Medical), 4 November 1944 and 1st Indorsement Walter Reed General Hospital, Washington D.C., 4 October 1946; item 8 (Place of Separation) reflects: Walter Reed General Hospital, Washington D.C. 7. The applicant provides the following a: a. Certificate, Honorable Discharge, dated 7 December 1946, reflective of the FSM being recognized for his honest and faithful service to the U.S. b. Record of Death, dated 19 June 1955, reflective of the passing of the FSM at the age of 33. c. Home document reflective of the cost associated with the FSMs internment as assessed by the funeral home to the Veterans Administration. d. Report of Internment, dated 8 July 1955, reflective of the FSMs passing on 19 June 1955. This document shows the FSM was in WW II. e. VA Form 8-606, dated 22 July 1955, reflective of information pertaining to the FSMs health as assessed by the Dependents Pension Board. Item 1(a) under "Decision" provides that the FSM sustained fragment injuries to his left leg and thigh, left elbow and forearm as a result of the explosion of a grenade while he was riding in the back of a truck during World War II. f. Photograph of a Soldier in uniform; identified as the FSM. g. Ancestry.com information reflective of information pertaining to the FSM to include his interment on 23 June 1955. h. Birth Certificate reflective of the applicant's relationship to the FSM (daughter). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the former service member’s (FSM) military record, the Board found that relief was not warranted. The Board carefully considered the applicant's (former service member) record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined the FSM WD AGO 53-55 was already awarded the requested awards. The Board determined the FSM may need to request replacement medal sets. The applicant provided documentation showing the FSM stated he was injured in his left leg and thigh, left elbow and forearm as a result of the explosion of a grenade while he was riding in the back of a truck during World War II. However, the FSM’s record is absent evidence confirming he received wounds caused by enemy forces. Furthermore, the Board determined that no documentation or supporting statements indicated the FSM had 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 as specified in the criteria for award of the Purple Heart. Therefore, the FSM did not meet the requirements for award of the Purple Heart and relief was denied. 2. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. 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. 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, USC, 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. The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War. In 1932, it was reestablished by the President of the United States per War Department General Orders Number 3. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. 3. AR 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army, who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. This regulation stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. 4. AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015010 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1