IN THE CASE OF:	  

		BOARD DATE:	        13 August 2008

		DOCKET NUMBER:  AR20080007677 


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 award of the Purple Heart.

2.  The applicant states that he was wounded by shrapnel during his unit's attempt to cross a river in Luxemburg on 7 February 1945.

3.  The applicant provides a copy of WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 26 June 1946, 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.  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 and entered active duty at Fort Snelling, Minnesota, on 28 August 1944.  He was trained in military occupational specialty (MOS) 340 (Parts Clerk). This form also shows that he was assigned to the 701st Ordnance (Light Maintenance Company), 1st Infantry Division.

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 14 January 1945 through 14 June 1946.

5.  The applicant's AGO Form 53-55 shows he completed 4 months and 15 days of continental service and 1 year, 5 months, and 14 days of foreign service.  He was honorably separated on 26 June 1946.

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

7.  Item 31 (Military Qualification and date) of the applicant's WD AGO Form
53-55 shows he was awarded the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 

8.  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, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army of Occupation Medal with Germany Clasp, and two Overseas Service Bars.  Item 33 does not show award of the Purple Heart.

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

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


11.  The applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 16 May 1946, shows the applicant was examined at Fort Sheridan, Illinois, prior to his discharge and that the medical physician noted the entry "shrapnel wound, left leg, February 1945." 

12.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

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.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant sustained shrapnel wound to his left leg in February 1945 during his service in WWII.  In view of his participation in several campaigns as well as award of the Combat Infantryman Badge, it is more likely than not that the applicant's wound was a result of hostile action.  Therefore, it would be appropriate to afford the applicant the benefit of the doubt and award him the Purple Heart and correct his records to show this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 awarding the applicant the Purple Heart for a wound sustained in action on 7 February 1945.


															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)                                         AR20080007677



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007677



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1