RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070008890 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. James Anderholm

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey Redmann

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, that he be awarded the Purple Heart for injuries he received in action and for profound hearing loss.  

2.  The applicant states, in effect, that he is seeking recognition for award of the Purple Heart for injuries he received in action and for profound hearing loss.  He states that he saved the life of another Soldier and spent 6 months in hospitals due to injuries before his discharge.  

3.  The applicant provides no additional documentation in support of his request. 

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 10 November 1942 and entered active duty on 17 November 1942 as a Reconnaissance Car Crewman (733).  He served in the European Theater of Operations (ETO) from 29 September 1944 to 20 July 1945.  He was honorably separated on 11 October 1945.

3.  The applicant’s WD AGO Form 53-55 shows that he was credited with participation in three campaigns of World War II.  He was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars; the Good Conduct Medal; the Expert Marksmanship Qualification Badge with Submachine Gun Bar; and the Driver’s Qualification Badge.  His WD AGO Form does not show the Purple Heart or any additional awards.


4.  Item 34 (Wounds Received in Action), of the applicant’s WD AGO Form      53-55, which was authenticated in his own hand, shows the entry "None."

5.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action during World War II.  The applicant's medical records are unavailable for review.

6.  The applicant's records contain a copy of a Surgeon General's Office (SGO) Hospital Listing, which show that the applicant was admitted to the hospital on 8 April 1945 while serving in the ETO.  He was diagnosed as having:  nasopharyngitis, acute; sinusitis, chonric; frontal; and psychoneurosis, anxiety (including hypochondriasis).  He was hospitalized for 185 days.  

7.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

8.  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.

9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit awarded to units during World War II.  This document shows the unit to which the applicant was assigned, Headquarters Company, 42nd Tank Battalion, 11th Armored Division, was awarded occupational credit for the occupation of Germany for the period from 2 to 20 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant alleges that he should have received the Purple Heart for injuries he received in action and for profound hearting loss.  However, there is no evidence, and he has provided none, to support his allegation.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he might have received as a result of hostile action.  Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.

2.  The SGO Hospital Listing shows that he was diagnosed with several acute diseases, not a wound or injury as a result of enemy action, and was hospitalized for 185 days.  There is no medical evidence of record, and the applicant has provided insufficient evidence, which shows he was injured or wounded due to hostile action during World War II.  Therefore, there is insufficient basis to approve an award of the Purple Heart.

3.  The applicant served on active duty during the qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp.  He is therefore entitled to correction of is records to show this award.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___A____  __e_____  __JR____  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 for award of the Purple Heart to his WD AGO Form 53-55.



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 award of the World War II Victory Medal; and the Army of Occupation Medal, with Germany Clasp, and adding these awards to his WD AGO Form 53-55.




_____James Anderholm____________
          CHAIRPERSON




INDEX

CASE ID
AR20070008890
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071101
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451011
DISCHARGE AUTHORITY
AR 615-361
DISCHARGE REASON

BOARD DECISION
DENY/GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.