RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070010750 


	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. Rene’ R. Parker 

Analyst

The following members, a quorum, were present:


Mr. Frank Jones

Chairperson

Ms. LaVerne Douglas

Member

Mr. Michael 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 award of the Purple Heart.

2.  The applicant states that the award of the Purple Heart was not reported by the officer in charge at the time. 

3.  The applicant provides copies of Congressional correspondence, medical documents, supporting statement, and Veterans Affairs (VA) rating documentation.  

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 Army Board for Correction of Military Records (ABCMR) 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, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show that the applicant was inducted into the Army on 16 November 1942 and entered active service on 23 November 1942.  He served in the European Theater from September 1944 to July 1945 and was honorably discharged on 18 October 1945.

4.  The applicant provided several documents authored by his Congressman.  The Congressman stated that he was submitting an inquiry into the applicant’s eligibility for the award of the Purple Heart.  The Congressman requested that the Army Board for Correction of Military Records (ABCMR) reconsider the applicant’s previous case based on a personal note from a physician and new information from a respected VA doctor.  The ABCMR notes that this is not a reconsideration case.  The applicant’s first case was for the award of the Prisoner of War Medal which was denied on 15 May 1996.

5.  The supporting statement from a medical corps major general stated that he had examined and interviewed the applicant and his [applicant] wound was compatible with an artillery fragment injury.  The major general said that the applicant should be awarded the Purple Heart.

6.  Medical documentation from VA shows that the applicant was examined on 12 September 2006 and was diagnosed with a metallic fragment wound of the left knee with scar residual.  The VA determined that the wound was related to his military service, but no monetary compensation was granted. 

7.  Item 33 "Wounds received in action" on the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) is listed "None."

8.  There is no documentation in the available records which shows that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.  There are also no orders indicating that the applicant was awarded the Bronze Star Medal and it is not listed on his WD AGO Form 53-55.

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  

10.  Review of the applicant's WD AGO Form 53-55 indicates that he is entitled to additional awards that are not shown on this form.  The applicant's WD AGO Form 53-55 does not list award of the World War II Victory Medal or the Bronze Star Medal.  However, his records do show the award of the Combat Infantry Badge.  

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  This same regulation provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in WWII.  The fact that the medical information from VA and the statement from the major general states that the applicant has a “fragment wound” on his left knee is not sufficient evidence to justify the award of the Purple Heart.  The applicant must show that the wound was the result of hostile action.  Therefore, in the absence of medical records supporting the applicant's contention, there is an insufficient basis for award of the Purple Heart in this case. 

2.  Evidence of record shows that the applicant is entitled to the World War II Victory Medal, and the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show these awards.

3.  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

__FJ____  __LD____  __MF ___  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 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 Bronze Star Medal based on award of the Combat Infantryman Badge.




______ Frank Jones________
          CHAIRPERSON




INDEX

CASE ID
AR20070010750
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080108
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY W/NOTE
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.