IN THE CASE OF: 

		BOARD DATE: 14 May 2015

		DOCKET NUMBER:  AR20140016347 


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. 

2.  The applicant states he was injured on 23 February 1945 while serving with the 84th Division in Germany during World War II (WWII).  He received a shrapnel wound, was treated, and sent right back into battle. 

3.  The applicant provides copies of:

* statement of support from a fellow Soldier with copies of his records  
* previous congressional correspondence
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)

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. The applicant's 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 that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows:

	a.  he was inducted on 13 April 1943 and entered active duty on 20 April 1943;

	b.  he participated in the Ardennes, Rhineland and Central Europe campaigns;

	c.  he was awarded the Army Good Conduct Medal, Combat Infantryman Badge, Expert Infantryman Badge, Distinguished Unit Citation, and the European African Middle East Campaign Medal with three bronze service stars; and

	d.  in item 34 (Wounds Received in Action), the entry – None

4 .  The applicant provides a statement of support from then Staff Sergeant 
R__ J. H______, who states that the applicant was under his command from November 1944 through May 1945.  In mid November 1944, the division received an order to form an irregular platoon to clear the battlefield of killed in action and secure prisoners.  The applicant was a member of that platoon and during three major battles of that division.  On 23 February 1945, the author was wounded crossing the Roer River.  Because of the applicant's reliability and courage, the author turned command over to him.  At that point they lost contact, but the author learned through the 84th Division newspaper that the applicant had been wounded by shrapnel.  After his discharge, the author enlisted in the Army Reserve and was promoted to second lieutenant (2LT).  The author provides copies of his own –

* Certificate of Promotion to 2LT
* Bronze Star Medal award citation
* WD AGO Form 53-55

5.  Army Regulation 600-8-22 (Military Awards) provides that 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his records be corrected to show award of the Purple Heart.  He states he was injured by shrapnel in WWII.

2.  The statement of support he provided was reviewed; however, his available military records do not show any evidence that he was wounded, that those wounds were the result of hostile action and required treatment by medical personnel, or that any resulting medical treatment was made a matter of official record.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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 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)                                         AR20110012948



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ABCMR Record of Proceedings (cont)                                         AR20140016347



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