RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060010001 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. John T. Meixell

Member

Mr. Qawiy A. Sabree

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, in effect, correction of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show that he was awarded the Purple Heart for an injury he sustained while serving in Dover, England, by enemy bombs from Calais across the channel, during World War II.  

2.  The applicant states, in effect, that he injured his right hand, while serving in Dover, England, by enemy bombs from Calais across the channel, during World War II. 

3.  The applicant provides a copy of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), a copy of a letter written to the Commander, US Army Human Resources Command (AHRC) St. Louis, Missouri, Veterans Service Branch, dated 5 May 2006, and a detailed statement concerning his personal history and military experiences during World War II, in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 October 1946, the date of his release from active duty.  The application submitted in this case is dated 5 May 2006, but was received for processing on 18 July 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 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 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.  The available records show the applicant was commissioned in the Army of the United States (AUS) as a second lieutenant (2LT/O-1), on 13 January 1943, in the Signal Corps.  He entered active duty on 19 January 1943.  He was promoted to captain on 12 March 1946.  He continued to serve until he was released from active duty on 3 October 1946. 

5.  The applicant's WD AGO Form 53-98 shows that he was credited with participation in three campaigns of World War II.  He was awarded the American Theater Service Ribbon, the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal, and the Army of Occupational Medal, with Germany Clasp.  His WD AGO Form 53-98 does not show the Purple Heart as an authorized award.  

6.  Item 30 (Wounds Received in Action), of his WD AGO Form 53-98, shows the entry "NONE."  There is no record that indicates the applicant was awarded the Purple Heart.  There also is no evidence in his available records to show he was wounded or treated for wounds as a result of hostile action.  The applicant's medical records are not available for review. 

7.  The applicant provides a copy of a letter, dated 5 May 2006, that he wrote to the AHRC St. Louis, Veterans Services Branch.  The letter states, in effect, that the applicant was recently interviewed by a representative of the Congressional Library for a voice recording of his military experiences between January 1943 and 19 June 1946.  In preparation for his interview, he made notes and comments for the first time of those past years and attempted to recall that period of his life.  He states that the interviewer suggested he should have received a Purple Heart for the injuries that he sustained to his right hand during a German shelling of Dover, England.  The injuries to his hand were caused by an exploded shell fragment.

8.  The applicant states that having earned a Purple Heart never had occurred to him until now.  He spoke to other veterans and the service officer, of AMVETS (American Veterans), at the North Chicago Veterans Administration.  The service officer provided him with an application and suggested he apply for a Purple Heart.  Others also believe he should have applied and received this honorable award.  He stated that he does not expect to receive any new monetary or service benefits for receiving this award, only the honor of having it as a commendation for his service injury.  He asks that the Board consider him for this award even though it happened 62 years ago and he never reported it.




9.  The applicant provides a statement concerning his personal history and military experiences during World War II.  On page 6, of his statement the applicant writes that he and another Soldier were repairing and adjusting a Radar installation just north of Dover when they started to receive heavy bombing from big German navel guns across the channel.  They jumped into a gully for protection but a shell fragment from an explosion struck his helmet so hard that it dented the steel helmet.  He was stunned temporarily from the blow and he picked up the jagged piece of metal shrapnel that had hit his helmet.  The fragment was very hot and it instantly burned his fingers.  He never reported the burn to first aid, but he should have because his right hand was seriously burned.

10.  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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  Army Regulation 600-8-22 shows that while the applicant was serving in the EAME Theater of Operations he participated in three campaigns.  The regulation also states that authorized bronze service stars will be worn on the appropriate service or campaign medal.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The applicant alleges that he should be awarded the Purple Heart for an injury, he sustained to his right hand inflicted by enemy bombs that were launched from Calais across the channel, during World War II.  

3.  In the applicant’s personal history of his military experiences he described the incident in which he alleges to have been injured in vivid detail.  He indicated that his helmet was hit by a shell fragment, he picked it up, it was very hot and it instantly burned the fingers on his right hand.  He states that he never reported the burn to the first aid station, and in effect, apparently did not receive treatment although he should have.

4.  This event occurred approximately 62 years ago and it was not until recently that he was told he should have received the Purple Heart for his injuries.
5.  There is no medical evidence, and the applicant has provided none, to show that the injury he sustained was made a matter of official record.  There is no evidence to show that he was wounded or treated for wounds as a result of hostile action during World War II.  There are no orders which show he was awarded the Purple Heart and the applicant authenticated his WD AGO Form  53-98 on the date he was released from active duty.  This form shows he received no wounds in action.  Therefore, the information provided by the applicant, by itself is insufficient to support an award of the Purple Heart.

6.  The applicant participated in three campaigns of World War II.  The applicant is therefore entitled to three bronze service stars to be affixed to the already-awarded EAME Campaign Medal and to have these service stars added to his WD AGO Form 53-98.

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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 October 1946, the date of his separation from active duty.  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.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MDM__  __J_____  ___QAS _  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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 award him the Purple Heart for wounds he alleges to have received during World War II.

2.  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 he was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars.




____Mark D. Manning______
          CHAIRPERSON




INDEX

CASE ID
AR20060010001
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19461003
DISCHARGE AUTHORITY
AR  
DISCHARGE REASON

BOARD DECISION
DENY/GRANT)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.