RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20060006435 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis 

Chairperson

Ms. Linda D. Simmons

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that he was a prisoner of war (POW) in Germany for 48 hours and that he sustained burns to his neck, shoulders, and right forearm when a gas stove exploded.

3.  The applicant provides a three-page self-authored statement in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 September 1963, the date of his retirement.  The application submitted in this case is dated 27 April 2006.

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 limitations 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 records show that he was inducted on 17 July 1942 and that he served through a series of reenlistments until he was honorably separated for purpose of retirement on 30 September 1963. The highest grade that the applicant held was sergeant first class/pay grade E-6.

4.  The applicant's records contain a WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).  This form shows that he was inducted in the Army of the United States and entered active duty on 17 July 1942 in military occupational specialty (MOS) 060 (Cook).  This form further shows that the applicant was separated from active duty for the convenience of the government on 20 November 1945.

5.  The WD AGO 53-55 shows that the applicant participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns.  This form also shows that the applicant was awarded the Bronze Star Medal and the Good Conduct Medal.  
6.  Item 34 (Wounds Received in Action) of this WD AGO 53-55 contains the entry "none."  

7.  There are no general orders in the available records which show that the applicant was awarded the Purple Heart.

8.  There is no evidence in the available records which show that the applicant was held in a POW status or that he sustained wounds while held in a POW status.

9.  The applicant's records contain a medical department report which shows that the applicant was admitted to the 16th Field Hospital on 5 June 1945 for first degree burns to his neck, shoulders, and right hand.  The form further shows that the injuries were sustained when the applicant was lighting a stove with gasoline and that the injuries were sustained in the line of duty.

10.  The applicant's records contain five additional separation documents.  None of these documents show that the applicant was awarded the Purple Heart or contain entries which show that he sustained injuries as a result of hostile action.

11.  The applicant provided a three-page self-authored statement.  In this statement, the applicant contends that the medical platoon that he was assigned to was captured by enemy forces.  The applicant continues that German Tanks surrounded his unit and that arrangements were made between his commander and the German commander.  The applicant argues that a hospital tent was setup and that American Soldiers were ordered to "take care of" German Soldiers.

12.  The applicant argues that armed guards were placed outside of the tent and therefore, they were POWs.  The applicant concludes that after 36 hours of working nonstop the Germans left and American tanks surrounded the tent.

13.  A review of the applicant's records indicates that the applicant is entitled to additional awards not shown on his WD AGO 53-55.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  The World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  Records show the applicant served during the period 17 July 1942 through 30 September 1963.

15.  Army Regulation 672-5-1 (Military Awards) 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 the result of hostile action, the wound must have been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because he was held as a POW and because he sustained burns from lighting a gas stove.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action or while held in a POW status. 

3.  The applicant's records show that he sustained burns as a result of lighting a stove with gasoline.  Although, these injuries were sustained in the line of duty, they were not sustained as a result of hostile action.

4.   Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.

5.  Evidence of record shows the applicant a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1963; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 September 1966.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there are no time limitations on requests for award of the Purple Heart.





7.  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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_LDS___  _BJE____  __MJF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Purple Heart.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of World War II Victory Medal.  




____Barbara J. Ellis_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20070207
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION

REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.