| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Lana E. McGlynn | Chairperson | |
| Mr. Patrick H. McGann | Member | |
| Mr. Roger W. Able | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded the Purple Heart for wounds/injuries received in combat during World War II (WWII).
2. The applicant states, in effect, that his report of separation (WD AGO Form 53-55) indicates that he received no wounds in action; however, he was wounded and received medical treatment for his wounds.
3. The applicant provides a copy of his report of separation and a letter from the medic who treated him at the time.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error, which occurred on 18 September 1947. The application submitted in this case is dated 11 May 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military are not available to the Board for review. A fire destroyed 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's 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.
4. He was born on 24 February 1919 and enlisted on 8 July 1943. He was transferred to the European Theater of Operations (ETO) on 3 November 1944.
5. On 28 February 1945, the applicant was treated for complaints of pain in the left scrotum area. He was evacuated and admitted to the hospital for further treatment. He was subsequently evacuated to several other hospitals for treatment of Prostatitis, Dermatophytosis, Epididymis and Varicocele.
6. Physicians' notes dated 10 October 1944, indicate that since 15 June 1944, without the history of trauma, the patient (applicant) had a little weakness of the right leg and some numbness in the lateral aspect of the calf and the dorsal of the foot. The diagnosis made at that time was "Neuritis common, perineal, right, mild, cause undetermined. Patient should be put on light duty for a couple of weeks and then observed."
7. The applicant reenlisted on 11 April 1946 and was returned to the United States on 22 April 1946. He remained there until 15 August 1946, when he returned to the ETO. He continued to serve in the ETO until his departure on 27 July 1947.
8. On 18 September 1947, he was honorably discharged in the rank of Technical Sergeant, after having served 4 years, 2 months and 11 days of total active service. He was awarded the Combat Infantryman Badge (CIB), the World War II Victory Medal, and the Army of Occupation Medal (Germany). His WD AGO Form 53-55 indicates in block 34, that he had no wounds received in action.
9. The National Personnel Records Center in St. Louis, Missouri subsequently authorized him to be issued the Bronze Star Medal (BSM) as a conversion award based on his award of the CIB, and the Army Good Conduct Medal (AGCM). However, there is no evidence in the available records to show that they were ever added to his WD AGO Form 53-55.
10. The supporting letter submitted by the applicant from the unit medic, who is now a physician, is a letter addressed to the applicant's daughter and indicates that he had advised the applicant on two occasions that he was entitled to awards of the Purple Heart. However, the applicant declined on both occasions. He cited the period of 1 January to 28 February 1945. The author does not describe the extent of injuries or the dates of the injuries.
11. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant has provided a statement from the medic who treated him some 58 years ago, there is insufficient evidence to corroborate the injuries he received, the date the injuries were sustained and the nature of how they were inflicted.
2. The evidence does establish that he was in fact hospitalized on 28 February 1945; however, the available medical records do not establish that his injuries were combat related injuries that were the result of hostile action.
3. Accordingly, there is insufficient evidence available for the Board to determine that he is entitled to an award of the Purple Heart.
4. However, evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
5. Records show the applicant should have discovered the error or injustice now under consideration on 18 September 1947; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 September 1950. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
phm_____ lem_____ rwa_____ DENY APPLICATION
| CASE ID | AR2003091149 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040113 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. 107.0015 | 61/PH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040010260C070208
The applicant states, in effect, he was wounded in action on 3 October 1944, but this fact is not indicated on his separation document (WD AGO Form 53-55). The evidence in this case includes a WD AGO Form 53-55 that contains an Item 34 entry that indicates the applicant was wounded in action in the ETO on 3 October 1944. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Bronze Star Medal and...
ARMY | BCMR | CY2004 | 20040010242C070208
The applicant provides the following documents in support of his application: Self-Authored Affidavit, Separation Document (WD AGO Form 53- 55), 18 February 1947 Doctor’s Statement, 3 September 1947 Request for Army Information (VA Form 3101), and 15 September 1948 Michigan Medical Service Authorization for Treatment or Examination. This document shows that the military medical records provided to the Department of Veterans Affairs (VA) at that time showed the applicant was treated...
ARMY | BCMR | CY2007 | 20070012370
Based on the available evidence and the lack of corroborating evidence to show he was wounded in action by a hostile enemy, he is therefore not entitled to award of the Purple Heart and to have it added to his WD AGO Form 53-55. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of three bronze...
ARMY | BCMR | CY2006 | 20060016379C071029
It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. However, by regulation, in order to support award of the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by...
ARMY | BCMR | CY2004 | 20040008417C070208
The applicant states, in effect, he was never awarded the PH based on the action which resulted in his being awarded the Silver Star (SS). Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. It states, in pertinent part, that it is awarded for service in the ETO between 7 December 1941 and 8 November 1945, and that a bronze service star is authorized with this award for each...
ARMY | BCMR | CY2006 | 20060009605C071029
In support of his application, the applicant submitted a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge; a request for his records from the National Archives and Records Administration (NARA); and NARA's reply along with eight documents related to the injury he sustained in World War II, to include a Surgeon General's Office File Report. Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53- 55, shows the entry, "None." The...
ARMY | BCMR | CY2007 | 20070005330C071029
The applicant's military records are not available to the Board for review. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the ETO. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding him the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy in the ETO between 7...
ARMY | DRB | CY2005 | 20050010042
The applicant’s military records are not available to the Board for review. However, by regulation, in order to support award of the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by military medical personnel, and a record of this medical treatment must have been made a matter of official record. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement...
ARMY | BCMR | CY2012 | 20120004826
The applicant requests the records of her deceased father, a former service member (FSM), be corrected by: * awarding him the Purple Heart and showing he had been shot above his heart and had broken bones in his right ankle * awarding him all of his authorized awards * indicating his correct unit and the dates he served with the unit * indicating the actual nature of his wounds and injuries 2. Inasmuch as the applicant stated the FSM has been awarded the BSM, and since he is entitled to...
ARMY | BCMR | CY2006 | 20060015842
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding the applicant the European-African-Middle Eastern Campaign Medal, with three bronze...