RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 September 2007
	DOCKET NUMBER:  AR20070006628 


	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 J. Fowler

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Laverne M. Douglas

Member

Mr. Jerome L. Pionk

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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) with the period ending 
21 September 1945 be corrected to show award of the Purple Heart.

2.  The applicant states, in effect, that his WD AGO Form 53-55 does not reflect award of the Purple Heart. 

3.  The applicant provides four self-authored letters addressed to his wife and family and an undated newspaper article titled "Soldier Grateful To Donor of Blood Given Him."

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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55.

3.  The applicant's WD AGO Form 53-55 with the ending period 21 September 1945 shows he was inducted and entered active duty on 18 June 1943.  On 
3 June 1944, he departed the United States for duty in the European Theater of Operations.  He arrived in the European Theater of Operations on 14 June 1944. His military occupational specialty was 601 (Antiaircraft Artillery Crewman).  

4.  The applicant provided a self-authored letter addressed to his mother, dated 16 February 1945.  He informed her that he was doing fine and that he was concerned about his father's health.  

5.  The applicant provided a self-authored letter addressed to his wife, dated 
31 March 1945.  He informed her that he was in the hospital and that he had someone to write his letter for him because he didn't have the use of his arm to write himself.   

6.  The applicant provided two additional self-authored letters that are illegible.

7.  The applicant provides an undated newspaper article that states "Pvt J____ B_____, wounded recently in Germany, feels indebted to someone who donated the blood plasma given him in the hospital, he wrote in a recent letter to his sister."  The article shows that the applicant stated in the letter to his sister that he received her letter while he was in the hospital and that he was back in his unit.  He was doing pretty well and that his arm was still a little wobbly, but it would be as good as new in a few days.

8.  The applicant departed the European Theater of Operations on 1 September 1945.  He was honorably discharged on 21 September 1945.

9.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the European-African-Middle Eastern Theater Campaign Ribbon with 3 bronze service stars, the Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge (Rifle).  Item 34 (Wounds Received in Action) contains the entry "NONE."

10.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart.

11.  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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  

12.  Army Regulation 600-8-22 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 are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence, such as eyewitness accounts from the his chain of command at the time or medical personnel who treated his wounds, that shows the applicant was wounded or treated for wounds as a result of hostile action.  

2.  Regrettably, in the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action the letters and newspaper article he provided are insufficient bases for award of the Purple Heart in this case.

3.  The applicant met the eligibility criteria for award of the World War II Victory Medal.  The applicant's WD AGO Form 53-55 should be amended to add this award.

4.  Evidence shows that the applicant’s records contain an 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__WDP__  ___LMD_  ___JLP _   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.


2.  The Board determined that an 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.




____William D. Powers__
          CHAIRPERSON




INDEX

CASE ID
AR20070006628
SUFFIX

RECON

DATE BOARDED
25 SEPTEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.