RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 November 2007
DOCKET NUMBER: AR20070007832
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. Kenneth L. Wright
Chairperson
Ms. Laverne M. Douglas
Member
Mr. Michael J. Flynn
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 30 June 1973 be corrected to show award of the Purple Heart.
2. The applicant states, in effect, that he was awarded the Purple Heart after being wounded by enemy shrapnel in his lower back at Anzio Beach on
25 October 1945 (sic).
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted and entered the Army on 31 January 1942. He arrived in the European Theater of Operations on 12 May 1943 assigned to
A Company, 386th Engineer Battalion and departed the theater on 14 October 1945. He was honorably separated on 6 November 1945.
3. The applicant's WD AGO Form 53-55 with the period ending 6 November 1945 shows he was awarded the "ATO MEDAL" (American Theater Campaign Medal), the European-African-Middle Eastern Theater Campaign Ribbon, the Army Good Conduct Medal, the World War II Victory Medal, and the Marksman Marksmanship Qualification Badge (Rifle). Item 34 (Wounds Received in Action) contains the entry "NONE."
4. There are no General Orders in the applicant's records that show he was awarded the Purple Heart.
5. The applicant's WD AGO Form 24 (Service Record) covering the period from 31 January 1942 to 6 November 1945 does not show award of the Purple Heart.
6. The applicant enlisted in the Regular Army on 4 May 1946. On 30 June 1973, he retired. His DD Form 214 with the period ending 30 June 1973 does not show award of the Purple Heart.
7. 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.
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 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 there is insufficient bases for award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KLW__ ___LMD __MJF __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR20070007832
SUFFIX
RECON
DATE BOARDED
6 NOVEMBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
107.0015.0000
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6.
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