IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080006412 


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, award of the Purple Heart.

2.  The applicant states he was a POW [Prisoner of War] for 26 months; he was captured in North Africa and taken to a Stalag.  He states he was abused the whole time he was there.  He further states he almost died four different times.  He lastly states he was awarded the POW Medal.  

3.  The applicant provides in support of his application a copy of his honorable discharge certificate; a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO 53-55); a copy of his Authorization for Issuance of Awards [for the POW Medal], DA Form 1577; POW Medal Work Sheet (DARP Form 3583), dated 4 May 1987; a Prisoner of War (POW) Medal Application/ Information (DD Form 2510), dated 11 April 1988; a copy of a Newspaper Article, date stamped 1 August 1943; a copy of a Postal Telegraph, undated; and a copy of a Western Union Telegram, dated 14 May 1945.  

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 (NPRC) 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.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55 and documents provided by the applicant. 

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 October 1941 and entered active duty on 27 October 1941.  It also shows he served in the European Theater of Operations (ETO) at various locations from 11 June 1942 to 1 May 1945.  The applicant’s available record indicates that he was a POW from on or about 14 February 1943 to on or about 14 May 1945.

4.  On 15 August 1945, the applicant was honorably separated, in the rank of PFC after completing a total of 3 years, 9 months, and 19 days of active military service.  

5.  Item 31 (Military Qualifications) of the applicant's separation document shows in Item 33 (Decorations and Citations) that he earned the following awards:  the Army Good Conduct Medal (AGCM); the European-African-Middle Eastern (EAME) Campaign Medal; and the American Defense Service Medal.  

6.  There were no available military medical treatment records on file or provided by the applicant.  A request by a staff of the Board for Hospital Admission Cards created by the Office of The Surgeon General (OTSG) for World War II pertaining to the applicant produced no record of admission or treatment of the applicant.  

7.  The applicant's NPRC file contains a POW Medal Work Sheet (DARP Form 3583) that was completed on the applicant; and on 4 May 1987, a DA Form 1577 was issued by the Army Reserve Personnel Center (ARPERSCEN), St. Louis, Missouri, which authorized the issuance of the POW Medal to the applicant.  

8.  There are no orders in the applicant’s military service record that show he was awarded the Purple Heart.  There also is no evidence in the applicant’s record that shows he was wounded or treated for wounds as a result of hostile action.

9.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart.  It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action.  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.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel, and the medical treatment for the wound or injury received in action must have been made a matter of official record.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing separation documents.  The separation document preparation instructions provide, in pertinent part, for entering information for which a separate block is not available in the "Remarks" portion of the separation document. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart because he was abused the whole time while he was a POW during WWII was carefully considered.  However, the available evidence is insufficient to support award of the Purple Heart.  

2.  There are no orders in the applicant’s available military service record that shows he was awarded the Purple Heart.  There is also no evidence in the applicant’s record that shows he was wounded or treated for wounds as a result 
of hostile action.  There were no military medical treatment records on file nor has the applicant provided any medical treatment records.  A request for Hospital Admission Cards created by the Office of The Surgeon General (OTSG) for World War II pertaining to the applicant produced no record of admission or treatment of the applicant.  




3.  The evidence confirms the applicant was a POW from on or about
14 February 1943 to on or about 14 May 1945, and that he was issued a POW Medal on 14 May 1987.  However, Army regulatory guidance governing the criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

4.  The sincerity and authenticity of the applicant’s comments in his writings are not in question.  However, based on the available evidence, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  In order to justify correction of a military record the applicant must show to 
the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      __________X____________
               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)                                         AR20080006412



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ABCMR Record of Proceedings (cont)                                         AR20080006412



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