RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080004470 


	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, in effect, award of the Purple Heart.

2.  The applicant states, in effect, that he was injured in the War (World War II). 

3.  The applicant provides a copy of his WD AGO From 53-55 (Enlisted Record and Report of Separation, Honorable Discharge); a copy of a postal telegram; and two duplicate copies of a self-authored statement, one witnessed by Mr. 
E----- D. C---, and the other witnessed by Mr. D----- M. M----- and Mr. M------ L----.

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 available record shows that he was inducted into the Army of the United States on 2 November 1943 and entered active service on 23 November 1943.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 2736 (Medium Tank Crewman).  The highest rank he attained while serving on active duty was Sergeant (SGT). 

3.  The applicant's WD AGO 53-55 shows in Item 36 (Service Outside Continental U.S. and Return), that he served in the European Theater of Operations (ETO) from 6 June 1944 through 20 January 1946.  

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows that he participated in the Northern France, the Ardennes, the Rhineland, and the Central Europe campaigns.  


5.  On 4 February 1946, the applicant was honorably discharged after completing a total of 2 year, 1 month, and 21 day of active military service.  Item 31 (Military Qualification and Date (i.e., infantry, aviation, marksmanship badges, etc)) of his WD AGO 53-55 shows that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Gunner Marksmanship Qualification Badge, and the Drivers and Mechanics Badge.  Item 33 
(Decorations and Citations) of the WD AGO 53-55 he was issued shows that he earned the following awards during his active duty tenure:  the Good Conduct Medal, the European-African-Middle Eastern (EAME) Campaign Medal, and the World War II Victory Medal.

6.  Item 33 (Decorations and Citations) of the applicant’s WD AGO 53-55 does not show award of the Purple Heart. 

7.  The applicant submitted a copy of a Postal Telegram that states he was slightly wounded in action 16 January (1945) in Belgium.

8.  The applicant submitted two copies of unnamed newspaper articles that show the applicant was wounded slightly on 16 January (1945). 

9.  The applicant submitted duplicate copies of two self-authored unnotarized, undated, statements in which he states that he was injured at a rest stop and that he had minor shrapnel in his arm and neck.  His self-authored statement also states he was taken to the hospital for cold weather injuries to his feet.  The self- authored statements were witnessed by E----- D. C---, D-----d M. M-----, and
M------ L----.

10.  Information from the Hospital Admissions Cards created 21 March 2008, by the Office of the Surgeon General, shows that the applicant was treated at an aid station on 16 January 1945 for battle injuries resulting from frost bite.

11.  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.

12.  Army Regulation 600-45 (Decorations), 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.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  

2.  The Office of The Surgeon General’s Hospital Admission Card shows that the applicant’s was injured in battle.  The telegram from the Adjutant General substantiates that the applicant was wounded in action.  Therefore, his records should be corrected to show award of the Purple Heart.

BOARD VOTE:

_PHM___    JGH____   __KSJ_    GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart.




              _PHM 
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080004470



2


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




ABCMR Record of Proceedings (cont)                                         AR20080004470



3


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