RECORD OF PROCEEDINGS


	IN THE CASE OF:  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070013490 


	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.










      The following members, a quorum, were present:

	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 the Purple Heart be awarded to her deceased husband, a former service member (FSM).
 
2.  The applicant states, in effect, that the FSM was injured by shrapnel during World War II in early 1945.

3.  In support of her application the applicant provides the following documents:

	a.  Four (4) self-authored letters;

		(1)  An undated letter written by the applicant that summarizes her efforts to obtain award of the Purple Heart on behalf of the FSM.  The applicant states in her letter, in pertinent part, that the FSM was injured as a direct result of hostile action due to a V-1 explosion on 15 January 1945 in the area where the FSM was working while attached to the 514th Car Company near London, England.  The applicant states the FSM was sent to Dispensary Number 10, Rossmore Truck Park near Regents Park, London with a head wound that was bleeding profusely.  The applicant also attests that the FSM carried a scar from this injury throughout the remainder of his life.  The applicant further states that in May 1945 the FSM wrote a letter that indicated he expected to receive the Purple Heart for this injury and that a copy of this letter had been sent to the Army at least twice.

		(2)  A letter, dated 1 October 2007, written by the applicant that states she has sent many letters over the years to the Army seeking to obtain award of the Purple Heart on behalf of the FSM and she now requests posthumous award of the Purple Heart to the FSM.

		(3)  A letter, dated 6 October 2007, in which the applicant summarizes her efforts to obtain award of the Purple Heart on behalf of the FSM and reiterates the circumstances surrounding the incident, as related in her undated letter in paragraph 6a(1), above.

		(4)  A letter, dated 27 October 2007, in which the applicant acknowledges her impatience, particularly in view of the lengthy process she has endured in seeking to obtain award of the Purple Heart to the FSM.

	b.  State of Maryland, Baltimore City, Maryland, Marriage License, dated
6 April 1944, that shows, in pertinent part, the applicant and FSM were united in marriage at Baltimore, Maryland, on 6 April 1944; and
	c.  State of Maryland, Department of Health and Mental Hygiene, Certificate of Death, issued 15 November 2000, that shows, in pertinent part, the FSM’s death occurred on 13 November 2000 and that the informant of the FSM’s death was the applicant, Eva S___________, the FSM’s wife.

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 FSM's military service 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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's record contains a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).  This document shows, in pertinent part, that the FSM was inducted on 4 January 1943 and entered active duty on 11 January 1943.  Upon completion of basic combat training and advanced individual training, the FSM was awarded military occupational specialty (MOS) 014 (Automotive Mechanic).  Item 36 (Service Outside Continental U.S. [United States] and Return) shows the FSM departed the U.S. for Scotland on 1 June 1943, arrived in Scotland on 7 June 1943, departed Scotland on 9 December 1945, and returned to the U.S. on 14 December 1945.  Item 6 (Organization) shows the FSM was assigned to the 514th Quartermaster Truck Company and Item 32 (Battles and Campaigns) shows he participated in the Northern France campaign.  Item 33 (Decorations and Citations) shows the FSM was awarded the Good Conduct Medal, European-African-Middle Eastern Campaign Medal, and World War II Victory Medal.  Item 34 (Wounds Received In Action) contains the 

entry “NONE.”  This document also shows that the FSM was honorably discharged on 19 December 1945, and credited with completing 2 years,
6 months, and 14 days of foreign service; and 4 months and 25 days of continental service.

4.  There are no orders in the FSM’s military service record which shows that he was awarded the Purple Heart.  There also is no evidence in the FSM’s record that shows he was wounded or treated for wounds as a result of hostile action.

5.  The FSM's military service record contains a copy of a National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, Missouri, letter, dated 8 August 2005.  This document shows that in response to the applicant’s inquiry, the NPRC verified the FSM’s entitlement to the Good Conduct Medal, European-African-Middle Eastern Campaign Medal with 1 bronze service star, World War II Victory Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Carbine Rifle Bar, and World War II Honorable Service Lapel Button.  This letter also advised the applicant that the NPRC found no record to show that the FSM was authorized the Purple Heart and also made reference to the entry in Item 34 (Wounds Received In Action) of the FSM’s WD AGO Form 53-55.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart.  It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action.  A “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM is entitled to award of the Purple Heart because he was injured as a direct result of hostile action on
15 January 1945 near London, England during World War II.  The applicant also contends that the FSM’s head wound required treatment and that the FSM received medical treatment for his wound.

2.  The letter the applicant refers to that the FSM wrote in May 1945, indicating that he expected to receive the Purple Heart, was not included in her application. In addition, a copy of this letter is not filed in the applicant’s military service records.  In any event, such a letter, in and of itself, would not provide sufficient evidence to support award of the Purple Heart.

3.  The sincerity and authenticity of the applicant’s comments in her writings are not in question.  However, the documentary evidence she provides is insufficient evidence upon which to base award of the Purple Heart to the FSM.

4.  The Army regulatory guidance governing the criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound must have required treatment by a medical officer, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

5.  There is no evidence the applicant was awarded the Purple Heart.  There is no official documentary evidence in the applicant's military service records that supports the contention that the FSM sustained a wound as a result of hostile action or was treated for such a wound by a medical officer.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____TK__  ____JP__  ___DT___  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 wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the former service member in service to our Nation.  The applicant and all Americans should be justifiably proud of the former service member’s service in arms.




      ______T.S. K._______
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070013490



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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