RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2007
DOCKET NUMBER: AR20070008924
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Mr. Larry C. Bergquist
Member
Mr. Dale E. DeBruler
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.
2. The applicant states he was wounded in France in 1944 by German 88 fire that exploded next to his tank.
3. The applicant provides a Certification of Military Service; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a partial copy of a newspaper article; a copy of a Western Union telegram; a copy of a letter from his Member of Congress, dated 22 December 1944; and a letter from his son.
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 applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents, consisting primarily of the documents provided by the applicant, for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army and entered active duty on 1 December 1941. He arrived in the European-African-Middle Eastern Theater of Operations on 9 March 1943.
4. The applicant provided a copy of a Western Union telegram that shows he was slightly wounded in action on 27 September (1944) in France. He provided a copy of a letter, dated 22 December 1944, from his Member of Congress to his mother that indicates he was wounded.
5. The applicant departed the theater of operations on 7 September 1945. He was honorably discharged on 26 September 1945.
6. The applicants WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with five bronze service stars and the American Defense Service Medal. Item 34 (Wounds Received in Action) does not show he was wounded.
7. Army Regulation 600-8-22 (Military Awards) states 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 a medical officer, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. The copy of the Western Union telegram provided by the applicant is accepted as sufficient evidence to show he was wounded in action. The fact that his wound, even though slight, was serious enough to warrant the sending of a telegram is accepted as sufficient evidence to show that it was serious enough to warrant medical attention. Therefore, the applicant should be awarded the Purple Heart for wounds received on 27 September 1944 and this award should be added to his WD AGO Form 53-55.
2. The applicant met the eligibility criteria for award of the World War II Victory Medal. This award should also be added to his WD AGO Form 53-55.
3. Item 34 of the applicants WD AGO Form 53-55 should be amended to show he was wounded in action in France on 27 September 1944.
BOARD VOTE:
__mkp__ __lcb___ __ded___ 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 all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Purple Heart for wounds received in action on 27 September 1944;
b. amending his WD AGO Form 53-55 to add the Purple Heart and the World War II Victory Medal; and
c. amending item 34 of his WD AGO Form 53-55 to show he was wounded in France on 27 September 1944.
__Margaret K. Patterson
CHAIRPERSON
INDEX
CASE ID
AR20070008924
SUFFIX
RECON
DATE BOARDED
20071115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
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