IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080002621 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his earlier petition to be awarded the Purple Heart for wounds received in combat during World War II (WWII).  

2.  The applicant states, in effect, that block 34 of his report of separation (WD AGO Form 53-55) does not reflect the wounds he received at the “Battle of the Bulge” in December 1944, when he received shrapnel wounds to the hands, arm, and face from enemy artillery rounds.  He goes on to state that he was treated by his unit medic at the time and remained on the line with his company because they were under attack and every man was needed, so after he was bandaged up he went back to his position and no documentation of his treatment was made.  He continues by stating that at the time of separation he was asked if he was wounded and he responded that he was; however, the clerk typed in the word “NONE” on his WD AGO Form 53-55.  He also states that at the time he was not concerned with medals, he only wanted to get home; however, he believes that he deserves the award of the Purple Heart for his wounds. 

3.  The applicant provides several notarized letters from an individual who claims to be the medic that treated the applicant for shrapnel wounds during WWII; a letter of support from an American Legion Post in Delaware; copies of his separation documents; a chronological list of his unit’s movements; and a letter from a doctor claiming that the scars on the applicant’s face, arm, hand, and wrist are consistent with shrapnel wounds.  


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080002621 on 1 March 2005.

2.  The applicant was born on 23 December 1920 and was inducted on 5 December 1942.  He entered active duty on 12 December 1942 in Baltimore, Maryland and was assigned to the Anti-Tank Company, 395th Infantry Regiment, 99th Infantry Division.  He was transferred to Camp Maxey, Texas to undergo infantry training  

3.  He departed Camp Maxey on 16 September 1944 and was transferred to Camp Miles Standish, Massachusetts for embarkation to the European Theater of Operations (ETO).

4.  He departed Boston Harbor with his unit on 29 September 1944 and arrived in England on 10 October 1944.  His unit departed for LeHavre, France on 2 November and arrived in France on 3 November 1944.  His unit entered combat for the first time in the Ardennes Offensive on 9 November 1944.  On 19 December 1944, the applicant’s unit had moved through Germany to Elsenborn, Belgium, where the “Battle of the Bulge” was fought and his unit held its position firmly against violent enemy attacks.  His unit remained there until 4 February 1945, when it was relieved for training and rehabilitation.     

5.  The applicant remained in Germany after VE Day in an occupation role and departed the ETO on 12 October 1945.  He arrived in the United States on 23 October 1945 and was transferred to Fort Meade, Maryland, where he was honorably discharged in the rank of private on 29 October 1945.  He had served 2 years, 10 months, and 25 days of service for pay purposes.

6.  His WD AGO Form 53-55 issued at the time of his discharge reflects that he was awarded the Good Conduct Medal, the European-African-Middle Eastern Service Ribbon, the American Theater Service Ribbon, the Expert Infantryman Badge, the Combat Infantryman Badge, the WWII Victory Ribbon, the Army Occupation Medal with Germany Clasp, and the Bronze Star Medal.  In block 34, under “Wounds Received in Action” is the entry “NONE.”

7.  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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a notarized statement from the medic that treated him for shrapnel wounds during the “Battle of the Bulge” on or about 20 December 1944 and he has provided a statement from a civilian physician who opines that the scars the applicant has on his legs, arms, wrist, and eye are consistent with shrapnel wounds.   

2.  While this is not the normal or preferred type of evidence used to establish entitlement to the Purple Heart, the fact that the medic who treated him on 20 December 1944 admits in his statement that he made no record of the treatment because the unit was in the heat of battle and the unit needed every man on the line at the time, is sufficiently convincing enough to believe and amounts to a rational explanation of why the applicant’s wounds were not documented by medical personnel.     

3.  Accordingly, it is inherently unjust that the applicant be penalized because medical personnel failed to document his wounds at the time and has essentially blocked his entitlement to the Purple Heart.

4.  Therefore, it would be in the interest of justice to correct his records to show that he received shrapnel wounds to the legs, arms, wrist, and eye in Belgium on 20 December 1944 and by awarding him the Purple Heart for wounds received in action against the enemy in Belgium on 20 December 1944.    

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050001070, dated 1 March 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he 
received shrapnel wounds to the legs, arms, wrist, and eye in Belgium on 20 December 1944 and by awarding him the Purple Heart for wounds received in action against the enemy in Belgium on 20 December 1944. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during WWII are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002621



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ABCMR Record of Proceedings (cont)                                         AR20080002621



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