RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070010512 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Rose M. Lys

Member

Mr. Edward E. Montgomery

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 correction of his records to show award of the Purple Heart.

2.  The applicant states that he sustained injuries from enemy action while serving during World War II (WWII).

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge); a copy of his Honorable Discharge Certificate; a copy of citation, dated 22 March 1944, showing he was awarded the Silver Star Medal; and a copy of an undated newspaper article announcing his award of the Silver Star Medal. 

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 complete military records are not available 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, those remaining documents, together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case

3.  The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 3 March 1943 and entered active duty on 10 March 1943 in military occupational specialty (MOS) 677 (Military Policeman).  This form also shows that he was assigned to “Hq 370th Flt Gp.”


4.  The applicant's WD AGO Form 53-55 also shows he served in the European-African-Middle Eastern (EAME) Theater during the period 2 September 1943 through 26 October 1945 and that he completed 5 months and 23 days of continental service and 2 years, 2 months, and 17 days of foreign service.  He was honorably separated on 12 November 1945.

5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the Combat Infantryman Badge.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Silver Star Medal, Bronze Star Medal, the Good Conduct Ribbon, the World War II Victory Medal, and the European-African-Middle Eastern Theater Ribbon with 5 bronze service stars.  Item 33 does not show award of the Purple Heart.

7.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."

8.  The applicant's records do not contain General Orders awarding him the Purple Heart.  Additionally, there is no indication of when or where he was injured or wounded and whether the injury was a result of hostile action and/or whether he was treated by military medical personnel.  

9.  The applicant submitted a copy of the citation showing he was awarded the Silver Star Medal for gallantry in action.  The citation does not indicate that the applicant was wounded in action.  

10.  The applicant also submitted an undated local newspaper article, announcing that he was awarded the Silver Star Medal for gallantry in action. 

11.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.



12.  Army Regulation 672-5-1 (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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

There are no General Orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of evidence that he was wounded or injured as a result of hostile action and treated for those wounds, the applicant is not entitled to award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__kan___  __rml___  __eem___  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.



							Kathleen A. Newman
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070010512
SUFFIX

RECON

DATE BOARDED
20071206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.