RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070010061 


	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. Hubert O. Fry Jr

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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 two Purple Hearts.

2.  The applicant states, in effect, that he was wounded twice while serving in World War II (WWII).  The first incident occurred while his unit was under enemy shelling.  He states "I ducked into a large opening just as a shell hit the corner, and the beam came down hitting me on the right shoulder."  He was treated at a field hospital and declined the Purple Heart award.  The second incident occurred when his unit was advancing across an open field, when Germans began shelling his unit with mortar fire.  A shell hit in front of him causing him to temporarily lose his sight and hearing.  He was taken back to a field hospital where he was treated for his injuries and released back to duty the next day.

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of Awards), dated 1 March 2001; a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), with the period ending 3 November 1945; and a WD AGO Form 100 (Separation Qualification Record), dated 
3 November 1945.

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 3 November 1945 shows he was inducted 14 April 1943 and entered active duty on 21 April 1943.  On 19 January 1944, he departed the United States for duty in the European Theater of Operations.  He arrived in the European Theater of Operations on 30 January 1944.  His military occupational specialty was 
059 (Foreman Construction).  

4.  The applicant departed the European Theater of Operations on 7 October 1945.  He was honorably discharged on 3 November 1945.

5.  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 5 bronze service stars, the Army Good Conduct Medal, the Distinguished Unit Badge; and the Sharpshooter Marksmanship Qualification Badge (Rifle).  Item 34 (Wounds Received in Action) contains the entry "None."

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

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.

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 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

__HOF __  __JTM __  __RCH__  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.




____Hubert O. Fry Jr__
          CHAIRPERSON




INDEX

CASE ID
AR20070010061
SUFFIX

RECON

DATE BOARDED
17 JANUARY 2008
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.