RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 September 2007
	DOCKET NUMBER:  AR20070004110 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. James Anderholm

Chairperson

Ms. Laverne Berry

Member

Mr. Ronald Gant

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 and correction to his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) dated 20 June 1946.

2.  The applicant states his discharge document does not show award of the Purple Heart for wounds received in action near Luxembourg, France in the vicinity of Fumay Hills on or about 24 January 1945 nor are his wounds entered on this same discharge document.  He also states that the county of his home of record listed on his WD AGO Form 53-55 is incorrect.  

3.  The applicant provides through his Veterans Service Officer (VSO) copies of his honorable discharge document, a copy of DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty ) dated 2 September 1988, WD AGO Form 106 (Request for Decoration and/or Citation) dated 20 June 1946 and DA Form 1577 (Authorization for Issuance of Awards) dated 24 August 1988 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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.

3.  The applicant's record contains a WD AGO Form 53-55 with the effective date 20 June 1946, the date of his discharge from the Army of the United States.  This form shows that the applicant completed 1 year, 11 months, and 1 day of net active service and served in the European-African-Middle Eastern Theater of Operations during World War II.  His foreign service tour length is 7 months and 2 days.  He was an Infantryman serving as a Squad Leader with 110th Infantry Regiment, 28th Infantry Division.  

4.  Item 33 (Decoration, Citations and Campaign Ribbons Awarded or Authorized) of this WD AGO Form 53-55 does not show award of the Purple Heart.  This separation document does show award of the Combat Infantryman Badge, European-African-Middle Eastern Service Medal, American Theater Service Medal, World War II Victory Medal, Army Occupation Medal with Germany Clasp, and the Good Conduct Medal.

5.  The DD Form 215 issued on 2 September 1988 does not show award of the Purple Heart.  This correction form to the discharge document does show deletion of the European-African-Middle Eastern Service Medal and award of the Bronze Star Medal and the European-African-Middle Eastern Campaign Medal with three bronze service stars.

6.  On 19 June 1946, the applicant was medically examined prior to his discharge.  On a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) he wrote in Block 11 (List all Significant Wounds) that he was wounded in action on 24 January 1945 in France.  His wounds were multiple shrapnel injuries to his right arm and back.  He did not require hospitalization in France.  In Block 15 (Skin) the examining medical officer wrote "linear shrapnel scars with several (4) small thickened areas on the scars- 3/8 inch raised shrapnel scar upper right volar forearm, 6 inch faint interrupted linear shrapnel scar-thickened distal end on left lower back and flank."

7.  On 20 June 1946, the date of the applicant's discharge from the Army of the United States, a request for award of the Purple Heart was initiated for wounds sustained in combat during the Ardennes Campaign near Luxembourg, France on 20 February 1945.  In this request, it was stated that a medical aid man treated him for shrapnel wounds to his right arm and back.  The aid man was killed on the same day and the applicant did not report the injury to the medical aid station or hospital for further treatment.  

8.  On 24 August 1988, the applicant received the Purple Heart Medal from Headquarters, Army Reserve Personnel Center (ARPERCEN) located in St. Louis, Missouri per DA Form 1577 upon the request of his county VSO.

9.  On 8 November 1990, the applicant received the Purple Heart Certificate for wounds received in action on 25 February 1945 in France per official memorandum from ARPERCEN based upon the request of his county VSO. 

10.  General George Washington at Newburgh, New York established the Purple Heart on 7 August 1782 during the Revolutionary War.  The President of the United States per War Department General Orders Number 3 reestablished it in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds because of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 are no time limitations for requests for award of the Purple Heart.

12.  The applicant requested that the county change from "Licking County" to "Hebron County" on his WD AGO Form 53-55 in Item 9 (Permanent Address for Mailing Purposes).  A search of electronic government records shows that Licking County is in the state of Ohio.  The town of Hebron, North Dakota is listed on the Morton County (North Dakota) official website as a town within the county geographical boundaries. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention is that his discharge document should be changed to show he was wounded on in action on 24 January 1945, to show award of the Purple Heart for the wounds, and to show the correct county of his permanent address at the time of separation from the United States Army.  The applicant submitted documentation to show that he had shrapnel scars as a result of incurring wounds while in action against a foreign enemy on 24 January 1945. Prior to his release from active duty on 20 June 1946, the applicant was examined by a medical services officer who annotated on the applicant 's separation physical that he was wounded in action and the injuries caused shrapnel wounds to his arm.  

2.  ARPERCEN issued the applicant a Purple Heart medal on 24 August 1988 and a Purple Heart certificate on 8 November 1990 for wounds incurred on 24 January 1945 near Luxembourg, France during the Ardennes Campaign of World War II.  

3.  Therefore, there is a preponderance of evidence to support correcting the applicant's military record to show award of the Purple Heart.   

4.  Official electronic government websites support the applicant's request to change his county of record from "Licking County" to "Hebron County".

BOARD VOTE:

___JA  __  ___LB___  __RG___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected:

	a. by showing award of the Purple Heart; 

	b. by annotating Item 9 (Permanent Address for Mailing Purposes) to show the county "Hebron" vice "Licking" County; 

	c. and by annotating Item 34 (Wounds) to show "Shrapnel Wounds Right Forearm 24 January 1945".



____ James Anderholm________
          CHAIRPERSON




INDEX

CASE ID
AR20070004110
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070918
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.