RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080001857 


	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:


M

Chairperson

M

Member

M

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, in effect, award of the Purple Heart.

2.  The applicant states that he was injured as a result of a bomb shell that burst close to the left side of his face on 23 February 1945 while serving in Europe during World War II (WWII).

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  a copy of his chronicle of WWII military service; 

	b.  a copy of the Veterans Administration (VA) disability compensation letter, dated 15 May 1956; 

	c.  a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), dated 15 April 1946; 

	d.  a copy of his WD AGO Form 100 (Separation Qualification Record), dated 15 April 1946; and

	e.  a self-authored statement/attachment to 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.  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.  The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 29 October 1943 and entered active duty on 19 November 1943 and was trained in military occupational specialty (MOS) 035 (Carpenter Bridge).  This form also shows that, at the time of his separation, the applicant was assigned to Company E, 333rd Engineer Special Service Regiment.

4.  The applicant's WD AGO Form 53-55 shows he served in the European-African-Middle Eastern Theater of Operations (EAMETO) during the period 22 September 1944 through 2 April 1946.

5.  The applicant's AGO Form 53-55 shows he completed 10 months and 29 days of  continental service and 1 year, 6 months, and 18 days of foreign service.  He was honorably separated on 15 April 1946.

6.  Item 31 (Battles and Campaigns), of the applicant’s AGO Form 53-55, shows he participated in the Rhineland and Central Europe campaigns during WWII.

7.  Item 33 (Decorations and Citations), of the applicant's AGO Form 53-55, shows the applicant was awarded the Good Conduct Medal, the World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Purple Heart.

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

9.  The applicant's records do not contain general orders awarding him the Purple Heart. 

10.  The applicant submitted a copy of a VA disability compensation letter, dated 15 May 1956, showing that he was in receipt of disability compensation due to service-connected disability.

11.  In his self-authored letter, addressed to Whom it May Concern, the applicant stated that he was injured on 23 February 1945 at the Ruhr River and was transported to the 97th General Hospital in Frankfurt, Germany, where he was confined for 19 days.  Upon release, he returned to his unit and remained until the war’s end.  He further adds that he was sent back to the 97th General Hospital in October and November 1945 for follow-up treatments.  The injury resulted in permanent loss of hearing in his left ear.  He delayed his separation by two to three days at the suggestion of others and completed the disability paperwork and trusted the Army to follow through with his entitlement to the Purple Heart.  He concluded that although he served in the U.S. Army Reserve from 1946 to 1949, he was dedicated to his obligation with his family rather than his personal pursuit for the medal.  

12.  In a chronicle of his own WWII service, the applicant stated that subsequent to his training, he was sent to Europe in September 1944 and landed with his unit at Omaha Beach in France.  From the day the unit arrived, its mission was to repair roads and bridges.  On 23 February 1945, he was sent to Germany and was assigned to cross the Ruhr River to build bridges that would carry tanks, trucks, and afford the infantry Soldiers a way to cross the river.  During the building process, he was injured as a result of a bomb shell that burst close to the left side of his face.  He lost hearing and was taken to a military hospital in Frankfurt where he remained for 19 days.  When the war ended and he returned home, he delayed his return to his family in order to complete the paperwork for the Purple Heart and file a disability claim.  He continues to receive disability compensation today for hearing loss.   

13.  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.

14.  The applicant's records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 333rd Engineer Special Service Regiment received occupation credit in Germany for the period 2 May 1945 through 4 July 1945.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal, with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  The applicant’s personal chronicles and recollection of events were noted.  However, chronicles of events, which were prepared and/or are submitted more than 60 years after the fact, do not by themselves conclusively prove the applicant was wounded or injured as a result of hostile action.  

3.  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.  Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

4.  Evidence of record shows that the applicant was assigned to a unit that received occupation credit in Germany for the period 2 May 1945 through 4 July 1945.  Therefore, he is entitled to award of the Army of Occupation Medal, with Germany Clasp, and correction of his records to show this award.

5.  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

__x___  __x___  __x___  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 concerning award of the Purple Heart.

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 Army of Occupation Medal, with Germany Clasp.  




							RML
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001857



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508