RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060009461 


	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.



	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, in effect, that he be awarded the Purple Heart.

2.  The applicant essentially states that he was wounded in combat four times, but that none of these woundings were documented in his military record, due to no fault of his own.  He also states, in effect, that of the four events, three were almost certainly due to hostile fire.  He further states that one of his wounds, his left index finger wound, was clearly due to hostile fire, and that based upon this wound, he respectfully requests only one Purple Heart.

3.  The applicant provides a letter of support, dated 24 June 2006, from a United States Army Reserve (USAR) colonel, a Department of Veterans Affairs (DVA) rating decision document, dated 16 February 2006, results from a scar examination, dated 28 December 2005, and DVA rating decision documents, dated 16 November 2005 and 24 October 2005 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 19 April 1946, the date of his release from active duty.  The application submitted in this case is dated 24 June 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in St. Louis, Missouri in 1973.  It is believed that the majority of the applicant’s records were lost or destroyed in that fire.  However, there are sufficient documents remaining to conduct a fair and impartial review of this case.  

4.  The available records show that he was inducted into the Army of the United States on 21 October 1943, and entered active duty on 11 November 1943.  After completing basic and advanced individual training, he departed the continental United States on 11 April 1944 for the European Theater of Operations, arriving on 8 May 1944.  He participated in the Rome Arno campaign during World War II, and was awarded the Combat Infantryman Badge.  He returned to the continental United States on 14 April 1946, and on 19 April 1946, he was honorably released from active duty.  The WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows that he was awarded the Good Conduct Medal, the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal with One Bronze Service Star, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant provided a letter of support, dated 24 June 2006, from a USAR colonel.  The USAR colonel’s letter, which will only be referred to as the letter throughout the remainder of these proceedings, essentially stated that he interviewed the applicant on three occasions regarding his combat experiences/wounds in order to assist him claim several service connected disabilities with the DVA.  This letter also stated, in effect, that the applicant’s military records are completely lacking information regarding his wounds.  This letter also stated, in pertinent part, that the applicant participated in three amphibious landings at Sicily, Anzio, and into Southern France, and that he was declared missing in action in France by the 3rd Infantry Division in late 1944, but that he was actually a patient in England due to combat injury.  The USAR colonel also essentially deduced that the applicant was wounded at least three times, and possibly a fourth time, and provided details about the types of wounds the applicant received.  The USAR colonel also stated, in pertinent part, that the fragments in the applicant’s skin were not consistent with World War II United States, Italian, or German grenades.  It was noted that the USAR colonel is a military intelligence officer, but that there is no indication that he had any medical training, or any weapons or ordnance experience.

6.  The DVA rating decisions documents provided by the applicant essentially stated his scars on his left index finger, right index finger, anterior left thigh, and posterior scalp were all service connected.  However, these documents also essentially stated, in pertinent part, that the applicant’s service medical records were negative for any wounds or injuries which caused these scars.  They also show, in pertinent part, that the DVA effectively awarded service connection for these scars based upon the applicant’s award of the Combat Infantryman Badge.




7.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 does not show that he was awarded the Purple Heart.  Item 34 (Wounds Received in Action) of this same document has an entry on “None.”  Additionally, the applicant authenticated this document with his signature and thumbprint, attesting to the accuracy of the information contained on that form.

8.  Information from the hospital admission cards created by the Office of the Surgeon General, Department of the Army, from 1942 to 1945, only has two entries for the applicant.  Those entries essentially show that the applicant was diagnosed with pneumonia and chronic bronchitis in July 1944.

9.  There is no evidence in the applicant’s available military or medical records which conclusively shows that he was wounded as a result of hostile action or friendly fire.

10.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his WD AGO Form 53-55.

11.  The applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge, but it does not show that he was awarded the Bronze Star Medal based upon award of the Combat Infantryman Badge.

12.  Army Regulation 600-8-22 (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.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records.

13.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  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 award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  The letter from the USAR colonel was carefully considered.  However, there was no indication that the USAR colonel had any medical training, or that he possessed any weapons or ordnance experience.  As a result, this letter, which was written over 60 years after the applicant was discharged is not sufficient to award of the Purple Heart.

3.  The DVA rating decision documents essentially granted service connection for the applicant’s scars on his left index finger, right index finger, anterior left thigh, and posterior scalp based upon the applicant’s award of the Combat Infantryman Badge.  While these documents awarded service connection for these scars, they also show that the applicant’s service medical records were negative for any wounds or injuries which caused these scars.

4.  The applicant authenticated his WD AGO Form 53-55 with his signature and thumbprint at the time of his release from active duty on 19 April 1946, which clearly did not show that he was awarded the Purple Heart, and that he did not receive any wounds in action.  

5.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to award of the Purple Heart, the regulatory requirements for award of the Purple Heart are clear.  The applicant would be entitled to award of the Purple Heart if there was any evidence which conclusively showed that he sustained wounds as a result of enemy action or friendly fire.  There is no evidence in the applicant’s military records, and the applicant has not provided any evidence which conclusively shows that the aforementioned scars were the result of hostile action or friendly fire.  The majority of the applicant’s military records are believed to have been destroyed in a fire at the National Personnel Records Center in 1973.  It is not known if his destroyed military records contained a record of a physical examination which was conducted as part of his release from active duty.  Had his remaining records contained a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release From Active Duty, or Retirement) which showed that he sustained wounds as a result of hostile action or friendly fire, he would have been entitled to award of the Purple Heart.  However, absent this or any evidence to support the applicant’s contention, regrettably, there is no evidence to support awarding the Purple Heart to the applicant in this case.  

6.  The applicant was awarded the Combat Infantryman Badge during World 
War II; therefore, he is entitled to award of the Bronze Star Medal, and correction of his military records to show the award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 June 1946, the date of his release from active duty.  However, the ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  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 that there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__WP ___  __PS ___  ___JP __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge during World War II.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the applicant the Purple Heart in this case.


3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.  




_____ William Powers_________
          CHAIRPERSON




INDEX

CASE ID
AR20060009461
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070313
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0014.0000 (Based on CIB during WWII)
3.
110.0400.0000
4.

5.

6.