IN THE CASE OF: BOARD DATE: 20 September 2023 DOCKET NUMBER: AR20230002518 APPLICANT REQUESTS: the applicant, the daughter of a deceased former service member (FSM), requests that the Board award her father the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO (War Department, Office of the Adjutant General) Form 525 (Honorable Discharge Certificate) * WD AGO Form 53-55 (Enlisted Record and Record of Service – Honorable Discharge) * Western Union Telegram * News Article * War Department Bureau of Public Relations Press Release * Death Certificate * Birth Certificate FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, in effect, her father incurred wounds in Germany during World War II; the FSM was struck by mortar shrapnel in the Battle of Hürtgen Forest. While working with the National Personnel Records Center (NPRC) to find all of the FSM's decorations, the applicant discovered the Army never awarded her father the Purple Heart. 3. The applicant provides her father's separation forms, his death certificate, and the following additional documents: a. Western Union Telegram, dated in 20 November 1944, which states, "Regret to inform you your husband, [FSM], was slightly wounded in action on (illegible) November in Germany. You will be advised as the (illegible) condition are received." b. News Release, identifying the FSM by name and indicating the FSM was, at that time, convalescing at an Army General Hospital in. The document goes on to state a mortar shell fragment wounded the FSM in his right side during an enemy counterattack; after receiving initial treatment, medical authority sent him to the hospital in. The news release indicated the FSM had already been awarded the Purple Heart. c. War Department, Bureau of Public Relations News Release pertaining to Staff Sergeant (SSG) . The release describes SSG service with the 28th Infantry Division, from the unit's landing at Normandy up to the November 1944 Battle of Hürtgen Forest; in that battle, SSG sustained wounds and was medically evacuated. The release also mentions the FSM as one of SSG 's closest friends and states the same mortar shells the injured SSG also wounded the FSM. 4. A fire at NPRC destroyed approximately 18 million service members’ records in 1973; the fire affected Army personnel records dated between November 1912 and January 1960. It is believed the FSM's records were damaged and/or destroyed in that fire. The NPRC was able to provide a reconstructed record with copies of the FSM's WD AGO Forms 525 and 53-55; in addition, the reconstructed record includes a search, which indicates the Surgeon General's Office has records for the FSM's hospitalizations in 1944 and 1945. 5. The FSM's WD AGO Form 53-55 shows, on 8 June 1942, the Army of the United States inducted the FSM; upon the completion of initial entry training, the Army awarded the FSM military occupational specialty 745 (Rifleman). The following additional information is listed on the WD AGO Form 53-55: * Item 6 (Organization) – Company G, 109th Infantry Regiment * Item 7 (Date of Separation) – 15 June 1945 * Item 8 (Place of Separation) – Borden General Hospital, OK * Item 32 (Battles and Campaigns) – France * Item 33 (Decorations and Citations) – Combat Infantryman Badge, European- African-Middle Eastern Campaign Medal, and two overseas service bars * Item 34 (Wounds) – None * Item 36 (Service Outside Continental U.S. (CONUS) and Return) – Departed CONUS, on 8 October 1943; arrived back in CONUS, on 30 December 1944 * Item 37 (Total Length of Service) – CONUS: 1 year, 9 months, and 15 days; Foreign Service: 1 year, 2 months, and 23 days * Item 40 (Reason and Authority for Separation) – Certificate of Disability for Discharge, Army Regulation (AR) 615-361 (Enlisted Men – Discharge – Medical), issued by Borden General Hospital and dated 14 June 1945 BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the FSM's military records, the Board found that relief was 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 there was sufficient evidence to grant award of the Purple Heart. Evidence shows the former service member was wounded and his spouse received a Western Union Telegram, dated in 20 November 1944, which states, "Regret to inform you your husband, [FSM], was slightly wounded in action on (illegible) November in Germany. 2. The Board determined, the governing regulation provides that for award of the Purple Heart, evidence provided must indicate the applicant suffered, as a result of hostile action. The Board determined based on governing regulations the applicant did meet the criteria for action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged to be awarded the Purple Heart. As such, the Board granted relief to award the FSM the Purple Heart. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 amending the Former Service Member WD AGO Form 53-55, for the period ending 15 June 1945 to show award of the Purple Heart. 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): 1. War Department Technical Manual (TM) 12-236 (Preparation of Separation Forms), in effect at the time, prescribed procedures for the completion of WD AGO Form 53-55. The TM stated item 33 was to list decorations or citations, along with the authority for each; authorities for service medals did not need to be entered. 2. AR 600-8-22 (Military Awards), currently in effect, states: a. Paragraph 2-29 (World War II Victory Medal). The World War II Victory Medal was established by an Act of Congress, on 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. b. Paragraph 3-16 (Bronze Star Medal). The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. (1) The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. (2) An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders; the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 3. Item 6 of the FSM's WD AGO Form 53-55 reflects his unit as the 109th Infantry Regiment. Item 32 of the FSM's WD AGO Form 53-55 shows he participated in the Battle/Campaign for France. Item 32 reflects the award of the Combat Infantryman Badge. Item 36 indicates the FSM left the European Theater, on 1 December 1944 and arrived in CONUS, on 30 December 1944. 4. Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 109th Infantry Regiment, 28th Infantry Division participated in the following campaigns: * Northern France (25 July to 14 September 1944) * Rhineland (15 September 1944 to 21 March 1945) 5. Based on the foregoing, award the FSM the Bronze Star Medal, then amend his WD AGO Form 53-55, ending 15 June 1945, as follows: a. Delete the European-African-Middle Eastern Campaign Medal. b. Add the Bronze Star Medal (AR 600-8-22), European-African-Middle Eastern Campaign Medal with two bronze service stars, and the World War II Victory Medal. 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. AR 600-8-22 (Military Awards), currently in effect, prescribes policies and procedures for the individual and unit military awards. a. Paragraph 2-8 (Purple Heart), the Purple Heart is 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. b. Beyond showing that a Soldier sustained a wound or injury, approval of the Purple Heart requires substantiating evidence validating that the wound was serious enough to require treatment by medical personnel, and the medical personnel must have recorded the treatment as a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002518 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1