RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070003835 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Ms. Rea M. Nuppenau

Member

Mr. Dennis J. Phillips

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 for wounds received during World War II. 

2.  The applicant states that he was injured several times during combat.  He was in the 1st Armored Division and was in Italy and Africa.  He was on the front lines at Angio Beach and took shrapnel in his right knee and right hand.  He further states that he was never given a Purple Heart for his injuries because there was no one available to put him in for it after the battle was over.

3.  The applicant provides no additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 20 July 1945, the date of his discharge.  The application submitted in this case is dated 5 March 2007.

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

4.  The applicant's Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) shows that he enlisted in the Regular Army on 21 September 1940.  His military occupational specialty was 844 (Gun Crewman Light Artillery).  He served in the European Theater of Operations from 11 May 1942 to his return to the United States on 14 July 1945.  On 20 July 1945, he was honorably discharged.

5.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 indicates that he served in the following five campaigns: Tunisia, Po Valley, Naples-Foggia, Rome-Arno, and North Appennines.  Item 33 (Decorations and Citations) indicates that he was awarded the European-African-Middle Eastern Campaign Medal with five bronze service stars; American Defense Service Medal, and the Good Conduct Medal.  It does not show award of the Purple Heart.   Item 34 (Wounds received in Action) indicates “None.”  

6.  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 required treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, nor has the applicant provided any evidence to show that he received wounds as a result of hostile action, or that he was treated for any such wounds.  In the absence of evidence that he received medical treatment, there is an insufficient basis for award of the Purple Heart in this case.

2.  In view of the above, the applicant’s request for award of the Purple Heart should not be granted.

3.  Records show that the applicant served during a qualifying period for award of the World War II Victory Medal.  Therefore, his records should be corrected to show this award.

4.  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.


5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 July 1945, the date of his separation 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 this request was not submitted 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 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__REN __  __JCR __  __DJP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  The Board further determined that, 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 is no statute of limitations on requests for award of the Purple Heart.

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




__  Jeffrey C. Redmann___
          CHAIRPERSON


INDEX

CASE ID
AR20070003835
SUFFIX

RECON
 
DATE BOARDED
20070809 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.