IN THE CASE OF: BOARD DATE: 9 November 2010 DOCKET NUMBER: AR20100012530 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show award of the Purple Heart and the Bronze Star Medal. 2. The applicant states that President Truman issued the Bronze Star Medal to all those who served in an infantry division, but he never received his award. Further, he contends that while serving as a gunner in Germany, his lieutenant was killed by a German 88. He was wounded in his back and a medic fixed him up. It was never reported so he was never awarded the Purple Heart. In addition, he jumped off his tank and hurt his back. He rested for 3 days, then returned to combat. He currently receives yearly spinal injections for his back and never received compensation for this injury. 3. The applicant provides no additional documents. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. His 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 his records were lost or destroyed in that fire. This case is being considered using the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and his WD AGO Form 100 (Separation Qualification Record) submitted to the Board from an earlier inquiry. 3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 10 July 1943, entered into active service on 31 July 1943, and was honorably discharged on 14 April 1946. At the time of his separation he had completed 2 years, 2 months, and 4 days of continental service and 6 months and 10 days of foreign service. It also shows in: a. item 6 (Organization) – Company A, 717th Tank Battalion; b. item 30 (Military Occupational Specialty and Number) - Job Pressman (169); c. item 32 (Battles and Campaigns) - Rhineland and Central Europe; d. item 33 (Decorations and Citations) - American Campaign Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal; e. item 34 (Wounds Received in Action) - None; and f. item 36 (Service Outside Continental United States and Return) - departed the United States on 26 December 1944, arrived in the European theater of operations (ETO) on 7 January 1945, departed the ETO on 27 June 1945, and arrived in the United States on 5 July 1945. 4. His WD AGO Form 100 shows he served 4 months in Armored Basic Training; 30 months as a Tank Gunner in England, France, Belgium, Holland, and Germany for 6 months with Company A, 717th Tank Battalion; and 5 months as a Job Pressman. 5. There is no evidence in the available military service records showing he was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart or Bronze Star Medal. 6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. As a result of a study conducted in 1947, the policy was implemented that authorized the retroactive award of the Bronze Star Medal to Soldiers who had received the Combat Infantryman Badge or the Combat Medical Badge during World War II. As a result, 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. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal. b. The Purple Heart is awarded to any member who was wounded or killed in action. 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. In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record. 7. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 8. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command, Personnel Service Support Division, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his records be corrected to show award of the Purple Heart and Bronze Star Medal. 2. The sincerity of his comments is not in question. However, in order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record. 3. Regrettably, there is no evidence of record and he does not provide sufficiently convincing evidence showing he was awarded the Purple Heart or was wounded as a result of hostile action. Accordingly, his request for award of the Purple Heart should be denied. 4. Absent any corroborating evidence confirming his act of heroism or documentation showing he was recommended for or awarded the Bronze Star Medal, the regulatory burden of proof necessary to support award of the Bronze Star Medal has not been satisfied in this case. Therefore, his request for this award should be denied. 5. While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________X____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100012530 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012530 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1