RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080000596 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, in effect, in January 1945 during the Battle of the Bulge he was hit by shrapnel in the helmet and the mouth.  He further states his wound bled, but it was so cold it stopped bleeding and his superior told him to go on and the wound was untreated.  He further states it was recently discovered that he had shrapnel still remaining in his mouth.

3.  The applicant provides a letter from his prosthodontist and a copy of his Honorable Discharge Certificate in support of his application.

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.  A letter, dated 13 February 2008, from the National Personnel Records Center (NPRC), St. Louis, Missouri, advised the Army Review Boards Agency the applicant's military record was located in the area that suffered the most damage in the fire that occurred on 12 July 1973.  The applicant's record/portion of his record was recovered; however, it was damaged in the fire.  NPRC located an archival Official Military Personnel File (OMPF) for the applicant.

3.  The applicant's WD AGO Form 53-55 shows he entered into active service on 14 January 1943.  He arrived in the European-African-Middle Eastern Theater on 22 November 1944 and departed 15 December 1945.

4.  A complete record of the units to which the applicant was assigned and the dates of his assignment was not available for review.

5.  The applicant was released from active duty on 3 January 1946 due to demobilization.  He had completed 2 years, 11 months, and 20 days of active service that was characterized as honorable.

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in three campaigns during World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal and the Croix De Guerre.

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

9.  In Item 37 (Total Length of Service [Continental Service]) of the applicant's 
WD AGO Form 53-55 the portion showing years service in the continental U.S. is burned away.  However, it does show 10 months and 13 days.  

10.  Item 37 (Total Length of Service [Foreign Service]) of the applicant's 
WD AGO Form 53-55 shows he served 1 year, 1 month, and 14 days foreign service.  

11.  The applicant's service medical records were not available for review.

12.  In a letter, dated 5 December 2007, the applicant's prosthodontist (a specialist concerned with the making of artificial replacements for missing parts of the mouth and jaw) states that he examined the applicant and found on a panoramic radiograph a radiopaque foreign body attached to his left mandible (any of various invertebrate mouthparts serving to hold or bite food materials) on the buccal shelf.  The prosthodontist furthers states the applicant provided a history of shrapnel injury, relating that he had been hit by shrapnel and bled in WWII which went untreated.  The prosthodontist further states the applicant's story is consistent with the radiographic evidence and digital palpation that he had a shrapnel injury long ago.

13.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his WD AGO Form 53-55.

14.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, 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.  

15.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the European-African-Middle Eastern Campaign Medal.  

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 under any of the following conditions:  1) on permanent assignment outside the continental United States; 2) duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days; 3) duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 
60 nonconsecutive days; 4) active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander, higher unit, or independent force that the Soldier actually participated in combat; or 5) service within the continental United States for an aggregate period of one year.

18.  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.  The applicant contends he should be awarded the Purple Heart for wounds he received in January 1945 during the Battle of Bulge. 

2.  Although the applicant described an incident wherein he contends he was wounded during the Battle of the Bulge, there are no corroborating official documents or evidence to show he was wounded or treated for wounds resulting from hostile action.

3.  The letter from the applicant's prosthodontist confirms the applicant's contention of having shrapnel in his mouth.  However, the prosthodontist merely states the applicant's story is consistent with medical evidence of shrapnel that was found.  This is based on a history provided by the applicant and not a review of any medical records.  Therefore, statements and recollections of events happening over 62 years ago without official documentation is insufficient evidence to award the Purple Heart.

4.  The applicant’s WD AGO Form 53-55 does not indicate he received any wounds in action and his service medical records were not available for review.  Therefore, in the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  The applicant's WD AGO Form 53-55 shows he served in the European-African-Middle Eastern Theater from 22 November 1944 to 15 December 1945 and participated in three campaigns.  Therefore, he is entitled to the European-African-Middle Eastern Campaign Medal with three bronze service stars.

6.  The portion of the entry showing years of continental service on the applicant's WD AGO Form 53-55 has been burned away.  However, the applicant's total active service was 2 years, 11 months, and 20 days and the form shows he served 1 year, 1 month, and 14 days foreign service.  Therefore, it is reasonable to conclude he served within the continental United States for an aggregate period of 1 year.  Therefore, he is authorized the American Campaign Medal.

7.  Based on the applicant's period of service he is authorized the World War II Victory Medal.

8.  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

__RML  __  __GJP__  __SWF__  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 by amending his WD AGO 53-55 to show he is authorized the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Campaign Medal, and the World War II Victory Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  






      _____RML_____
                 CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000596



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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