RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070015672 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the 
Purple Heart.

2.  The applicant states that he was a patient in the 300th General Hospital in Naples, Italy, when it was bombed by enemy planes.  He further states that he received a small cut to the left side of his head and received treatment.  At the time, the doctor offered to complete the paperwork for the Purple Heart, but the applicant contends that he declined, saying that there were others more seriously injured who should get the Purple Heart.  He admits that his memory is a little vague on dates and names and that he has no documentation to substantiate his statement.    

3.  The applicant provides no supporting 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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  On 1 March 1941, the applicant was inducted into the Army of the United States.  He was deployed to the European Theater of Operations on 
2 November 1942.

4.  Information obtained from the hospital admission cards for 1944 and 1945 show that the applicant was hospitalized on three occasions in 1944 and on three occasions in 1945.  In each and every instance the data shows that he was treated for an illness not related to or resulting from enemy action.

5.  He returned to the United States on 10 July 1945 and was honorably discharged on 20 July 1945.  He had attained the rank of private first class and had completed 2 years, 5 months and 1 day of creditable active service.

6.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows the Good Conduct Medal, American Defense Service Medal, and the European-African-Middle Eastern Service Medal with two bronze service stars.  It does not show the Purple Heart.

7.  Item 34 (Wounds Received in Action) of the applicants WD AGO Form 53-55 shows “None”

8.  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.

9.  Review of the applicant's available records indicates entitlement to additional awards and decorations that are not shown on his separation documents.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 
60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

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.
DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence showing that the applicant was wounded as a result of enemy action, or that he received medical treatment for any such wound.  Therefore, his request for award of the Purple Heart should be denied.

2.  Records show that the applicant served during a qualifying period for award of the American Campaign Medal and the World War II Victory Medal.  Therefore, his records should be corrected to show these awards

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

 __JEA __  __WDP__  __JLP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the American Campaign Medal and the World War II Victory Medal.





__  James E. Anderholm _
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.