IN THE CASE OF: BOARD DATE: 11 April 2023 DOCKET NUMBER: AR20220008632 APPLICANT REQUESTS: his deceased father, a former service member (FSM), be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) Executive Summary * Tab A: WWII Hospital Admission Cards * October - October 1944 Hospital Admission Card; Battle Casualty, Artillery Shell, Flying Object, Debris (Secondary Missile) * October - November 1944 Hospital Admission Card; Battle Casualty, Artillery Shell, Blast Effects * July -August 1944 Hospital Admission Card; Non-battle Injury, Hand Grenade, Blast Effects * December 1944 – January 1945 Hospital Admission Card; Disease, Acute Bronchitis * Tab B: National Archives (NARA) Emails Verifying Authenticity of Hospital Admission Cards * Tab C: Hospital Admission Card Files Description * Tab D: Company A Morning Reports 3 - 5 October, 7 November 1944 Detailed description of Company A, 7th Infantry Regiment activities pertaining to FSM from the Company A morning reports for 3, 4, 5 October and 7 November 1944 and Photocopies of the morning reports from the St. Louis NARA are included. * Tab E: FSM Morning Reports 6 June 1944 - 27 September 1945; contains every reference to FSM in the Company A, 7th Infantry Regiment morning reports from his initial entry into the company through his final transfer out of the unit * Tab F: FSM Military Service 18 October 1943-1 January 1969; lists his entire military service including WWII, honorable discharge, reenlistment in October 1947, direct commission in 1951, Vietnam and retirement in 1969 * Tab G: FSM WWII WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge); Honorable Discharge Certificate, and WD AGO Form 100 (Army of the United States Separation Qualification Record), dated 7 December 1945 * Tab H: DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 31 December 1968 * Tab I: 7th Infantry Regiment Activity 29 September - 4 October 1944: * Historical accounts of the fighting in the area of operations around the time of FSM wound - From Fedala to Berchtesgaden, [Author], 1947, pages 161-162 * 7th Infantry Regiment Unit Logs - 29 September - 4 October 1944 * and Map of the 7th Infantry Regiment Area of Operations, 20 Sep - 9 Oct 1944 - From Fedala to Berchtesgaden. [Author], 1947, page 162 * Tab J: FSM WWII Medal Information * Letter from Headquarters, 1st Battalion, 7th Infantry Regiment from LTC CO, to FSM's Mother, Mrs. (remarried) commenting on FSM’s award of the Silver Star Medal * General Order Number 226 dated 24 June 1945 awarding FSM the Silver Star Medal * Letter from Headquarters, 7th Infantry Regiment from COL CO, to T /Sgt [FSM] congratulating him on the award of the Bronze Star Medal for valorous conduct in action against the enemy * Letter from Headquarters, 7th Infantry Regiment from COL CO, to T/Sgt [FSM] congratulating him on the award of the 1st Oak Leaf Cluster to the Bronze Star Medal for valorous conduct in action against the enemy * Letter from Headquarters, 3rd Infantry Division from Brigadier General CO, to T/Sgt [FSM] awarding him the 1st Oak Leaf Cluster to the Bronze Star Medal for valorous conduct in action against the enemy * Tab K: Proof of Relationship * FSM death certificate, dated 7 January 2008 * Child Born Abroad of American Parents Certificate, dated * Applicant Birth Certificate, dated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 his father, Private (at the time) [name and Service Number] was wounded in early October 1944 (probably 1, 2, 3 or 4 Oct 1944) about 2.5 miles northeast of Rupt-sur-Moselle, France. This event occurred during a pursuit action in the Rhineland Campaign. He did not receive the Purple Heart Medal for these wounds as evidenced by his Honorable Discharge Certificate, WO AGO Form 53-55, 1 November 1944, dated 7 December 1945, item 34 entry "None." Also, his DD Form 214, dated 31 December 1968, item 24 does not list the Purple Heart Medal. He requests he be awarded the Purple Heart Medal for wounds received during combat. A soldier wounded in combat should be awarded the Purple Heart Medal regardless of the elapsed time between the wound and the presentation of the award. In January 2020, he discovered the WWII Hospital Admission Cards held by the National Archives and Records Administration (NARA) when they became accessible on Ancestry.com. Two of the four hospital admission cards belonging to his father describe wounds received during a battle. While these wounds did not kill or maim him, they were significant enough to keep him in the hospital system, away from his infantry unit, for about a month. These hospital admission cards are evidence that my father earned and should be awarded the Purple Heart Medal. 3. The applicant also provides an Executive Summary in which he states his father served with Company A, 7th Infantry Regiment from 6 June 1944 until he transferred on 27 September 1945. He returned to the United States and was honorably discharged on 7 December 1945. Along the way he earned two Bronze Star Medals for valor and a Silver Star Medal for gallantry in action. After his death in 2008, he (the applicant) researched his WWII service as well as his unit's. He interviewed the few remaining veterans from his unit, read every relevant book he could find on the war, scoured the records of the National Archives in both College Park, MD and St. Louis, MO and walked his path of combat in Italy, France, and Germany. On 10 January 2020, he discovered his dad's name in the "Hospital Admission Records WWII" on Ancestry.com. After reading his admission records for October/November 1944, he believes his father should have been awarded the Purple Heart Medal for wounds received in combat. He has included in this package evidence which he believes supports this claim. a. He believes it is appropriate to alter his military records after over 77 years. He realizes the company morning reports and his WWII discharge certificate can't be changed, but these records would have been different if a Purple Heart Medal had been awarded in October 1944. Company A morning report 5 October 1944 - Duty to absent sick Line of Duty, Non Battle Casualty, 4 October 1944 & transferred to Det of Pnts 7th Army, should read Company A morning report 5 October 1944 - Duty to WIA Line Of Duty, Battle Casualty, 2/3/4? October 1944 & transferred to Det of Pnts 7th Army. Also, his WWII Honorable Discharge, WD AGO Form 53-55, Section 34, Wounds Received in Action currently reads None. It should read Wounds Received in Action – One. b. He does not know why his father didn't try to fix the error during his WWII enlistment which ended on 7 December 1945. He thinks that receiving a medal for being wounded was probably low on his list of priorities during the war and immediately afterward. From his research on the soldiers of Company A, 7th Infantry Regiment, 3rd Infantry Division, he has learned that almost half, 712 out of the 1350 soldiers who passed through Company A from 1 August 1943 to 4 May 1945, earned Purple Heart Medals. c. According to the company morning reports, his father was transferred from Company A, 7th Infantry Regiment on 4 October 1944 to the Detachment of Patients, 7th Army. The first card states [FSM] was a battle casualty in the line of duty and received wounds from an artillery shell. flying object and/or debris (secondary missile) prior to his admission in October 1944. The card also states he was discharged in October 1944. The second card states that [FSM] was a battle casualty in the line of duty and was diagnosed with paronychia in the fingers, generally, caused by an artillery shell and/or blast effects in October 1944. He was discharged in November 1944. These two cards and the company morning reports indicate [FSM] was admitted, treated, and released for a battle wound in October 1944. For some reason he was readmitted in October 1944, prior to returning to his unit. This time he must have recovered fully, and the hospital released him in early November 1944. According to the company morning reports he rejoined his unit on 7 November 1944. 4. The FSM served on active duty as an enlisted member as well as a commissioned officer, from 18 October 1943 to 31 December 1968, when he retired. He received several separation documents throughout his military service. 5. Review of the FSM’s service from 18 October 1943 to 7 December 1945: a. The FSM was inducted into the Army of the United States and entered active duty at Fort Benjamin Harrison, IN on 18 October 1943. b. He held an Infantry specialty during WWII, and he served with Company A, 7th Infantry. He served in the European Theater of Operations/North Africa from 4 May 1944 to 22 November 1945. c. His WD AGO Form 100 (Separation Qualification Record) show she performed duties of platoon sergeant, supervised activities of a rifle platoon in the European Theater of Operations. Lead men in combat, deploying them in such a manner as to get most effective rifle fire to destroy enemy personnel or to capture and hold enemy enemy positions. Was three times decorated for heroic achievement in performance of duties. Directed men off the battlefield in complying with orders from superiors and in performing necessary duty assignments. d. His service record contains the following relevant medical documents: (1) Medical Form 52a, dated 4 October 1944, states he was admitted to the hospital due to a contusion to his back. Diagnosis: BIA near Rupt Sur Moselle, France, 1200 hours, October 1, 1944. Lumbar and lower post thoracic area when shell blast threw him against a tree. He was evacuated to 9th Evacuation Hospital. (2) Medical Form 52b, dated 14 July 1944, 1st Battalion Aid Station, 7th Infantry. Shell fragment wound, penetrating left leg, moderately severe, accidentally incurred when grenade exploded on rifle at training area near Baia, Italy at 1200 hours on 14 July 1944. Line of Duty: yes. (3) Medical Form 52b, dated 14 July 1944, 182nd Station Hospital. Wounds, penetrating, moderate, left calf of leg and left foot, 5th metatarsal. Injured when rifle grenade exploded without leave gun of another soldier 1200 hours on 14 July 1944 near Pozzoli, Italy. 14 July, debridement of wound of thigh. shrapnel not removed. Shrapnel removed from foot, Sodium Pentothal, 19 July 1944, secondary closure. e. General Orders (GO) Number 226, issued by Headquarters, 3rd Infantry Division on 24 June 1945, awarded him the Silver Star for gallantry in action. The citation reads: On 26 March 1945 when his squad was unable to dislodge a superior enemy force in Sandhofen, Germany, [FSM] braved point-blank machine gun, sniper and bazooka fire to summon friendly armor. Running a gauntlet of this fire, he located a tank destroyer about 150 yards to the rear and guided it forward. Despite a hail of bullets aimed at him, [FSM] from his position behind the turret, persuaded the tank destroyer crew to continue onward when a bazooka round burst close by. Within 50 yards of a machine gun nest, [FSM] directed three rounds of cannon fire and silenced the enemy weapon. He then led an attack that killed three Germans, captured four others, and routed the remainder. f. GO Number 241, issued by Headquarters, 3rd Infantry Division on 3 July 1945 awarded him the Bronze Star Medal for valorous conduct in action against the enemy. On 26 April 1945 after four enemy machine guns and approximately a company of riflemen 150 yards away had thwarted every attempt of his platoon to advance over flat and open terrain near Reihlingen, Germany, [FSM] volunteered to secure support. As he ran for 300 yards over the exposed terrain, a large part of the enemy force opened fire and barely missed him. Upon reaching his Company CP building, he climbed up to the attic and pointed out the enemy positions to a friendly tank commander. As the tank began shooting, [FSM] summoned and directed artillery fire with such accuracy, that the enemy was quickly forced to withdraw, leaving behind four dead, seven wounded, and 25 others who surrendered. g. He was honorably separated on 7 December 1945. His WD AGO Form 53-55 for this period shows in: (1) Item 31 (Military Qualifications and Date), Expert Infantryman Badge and Combat Infantryman Badge (2) Item 32 (Battles and Campaigns), he participated in the Rome/Arno, Southern France, Rhineland, and Central Europe campaigns. (3) Item 33 (Decorations and Citations), he was awarded or authorized: Silver Star Medal, Distinguished Unit Badge, Croix De Guerre, Bronze Arrowhead, Bronze Star Medal, Good Conduct Medal, European-African-Middle Eastern Service Medal, World War II Victory Medal. (4) Item 34 (Wounds Received in Actin) None. h. There are no orders in his service record that confirm award of the Purple Heart. 6. Review of the FSM’s service from 7 December 1945 to 21 August 1949: a. The FSM enlisted in the Regular Army on 7 December 1945. He held MOS 1744, Armored Reconnaissance Leader. b. His DA Form 20 (Soldier Qualification Record) shows in item 32 (Qualification in Arms) he qualified sharpshooter with the 30 Caliber Light Machine Gun and marksman with the .45 Pistol. c. He was honorably separated on 21 August 1949. His WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Service) does not list any awards or decorations. 7. Review of the FSM’s service from 22 August 1949 to 22 June 1951: a. The FSM reenlisted in the Regular Army for 3 years on 22 August 1949. He held MOS 1733, Armored Reconnaissance Sergeant. b. He was honorably discharged on 22 June 1951 to accept a commission. His DD Form 214 (Report of Separation from the Armed Forces of the United States) does not list any awards or decorations. 8. Review of the FSM’s service from 23 June 1951 to 31 December 1968: a. The FSM was appointed as a Reserve commissioned officer and executed an oath of office on 31 March 1951, with continued service on active duty on 23 June 1951. b. He served in a variety of stateside or overseas assignments, including Germany and Vietnam, as a tank unit commander and/or armored officer, and he attained the rank of major. c. He served in Vietnam from 27 September 1962 to 15 September 1963. He was assigned to the U.S. Army Support Command. d. He was honorably retired on 31 December 1968, after completing over 17 years and 6 months of commissioned service and 7 years and 8 months of enlisted service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized: * Commendation Ribbon with Metal Pendant (Army Commendation Medal) * Good Conduct Medal * National Defense Service Medal, 1st Oak Leaf Cluster * Expert Marksmanship Badge with Pistol Bar (.45 Caliber) * Expert Marksmanship Badge with Machine Gun Bar (50 Caliber) * Silver Star Medal * Bronze Star Medal, 2nd Oak Leaf Cluster * French Fourragere * WWII Victory Medal * Army of Occupational Medal (Germany) * European-African-Middle Eastern Service Medal * Presidential Unit Emblem (Citation) * Combat Infantryman Badge * Expert Infantryman Badge * American Campaign Medal * Armed Forces Expeditionary Medal * Armed Forces Reserve Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with 1960 Device * 4 overseas service bars 9. By Regulation (AR 600-8-22 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. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * Abrasions and lacerations (unless of a severity to be incapacitating) * Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the FSM’s military record, and regulatory guidance were carefully considered. The Purple Heart 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, and the medical treatment must have been made a matter of official record. The evidence of record shows: a. Medical Form 52a, dated 4 October 1944, states the FSM was admitted to the hospital due to a contusion to his back. Diagnosis: wounded in France, 1200 hours, October 1, 1944. Lumbar and lower post thoracic area when shell blast threw him against a tree. He was evacuated to 9th Evacuation Hospital. The Board determined this incident qualifies for award of the Purple Heart. b. Medical Form 52b, dated 14 July 1944, 1st Battalion Aid Station, 7th Infantry. Shell fragment wound, penetrating left leg, moderately severe, accidentally incurred when grenade exploded on rifle at training area in Italy at 1200 hours on 14 July 1944. By regulation, 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. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding the former service member (FSM) the Purple Heart for wounds received in action on 1 October 1944 in France * Adding the Purple Heart to his DD Form 214 ending on 31 December 1968 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, U.S. 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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. 3. 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, United States Code, 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: * An officer of the medical corps of the Army. * An officer of the medical corps of the U.S. Navy. * An officer in the U.S. Air Force designated as a medical officer in accordance with Title 10, United States Code, section 101. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * Injury caused by enemy-placed trap or mine * Injury caused by enemy-released chemical, biological, or nuclear agent * Injury caused by vehicle or aircraft accident resulting from enemy fire * Concussion injuries caused as a result of enemy-generated explosions * 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 d. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * Trench foot or immersion foot * Heat stroke * Food poisoning not caused by enemy agents * Chemical, biological, or nuclear agents not released by the enemy * Battle fatigue * Disease not directly caused by enemy agents * Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * Self-inflicted wounds, except when in the heat of battle and not involving gross negligence * Post-traumatic stress disorders * Airborne (for example, parachute/jump) injuries not caused by enemy action * Hearing loss and tinnitus (for example: ringing in the ears) * Mild traumatic brain injury or concussions that do not either 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 * Abrasions and lacerations (unless of a severity to be incapacitating) * Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). * First degree burns //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008632 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1