IN THE CASE OF:

		BOARD DATE:

		DOCKET NUMBER:  AR20080008278


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 that his discharge document be corrected to show award of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart at an evacuation hospital after being injured by enemy action in a combat situation in Huertgen, Germany, on 7 December 1944.  He further states that his Army records were lost in the National Personnel Records Center fire in 1973, and he believes that records of the award were lost during a forced evacuation of the field hospital.

3.  The applicant provides a copy of National Personnel Records Center correspondence with medical treatment documentation 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 service records are not available 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 to conduct a fair and impartial review of this case.

3.  The applicant's War Department Adjutant General Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows that he was inducted into the Army of the United States on 22 July 1943 and entered active service on 12 August 1943.  This form indicates that he completed basic training and advanced individual training and was awarded the military occupational specialty 607 (Gunner).  The WD AGO Form 53-55 shows that the highest rank the applicant achieved was corporal/pay grade E-4.

4.  The applicant's WD AGO Form 53-55 shows that he received a Certificate of Disability for Discharge on 27 June 1945.  The WD AGO Form 53-55 shows that the applicant served a total of 1 year, 11 months, and 3 days of creditable active military service.

5.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows that he participated in the Normandy, Northern France, and Rhineland campaigns.

6.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows that he was awarded the Good Conduct Ribbon [Army Good Conduct Medal] and the European African Middle Eastern Theater Ribbon [European African Middle Eastern Campaign Medal] with three bronze campaign stars.  Item 33 does not show award of the Purple Heart.

7.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 states “None.”

8.  Item 36 (Service Outside Continental U.S. and Return) of the applicant’s WD AGO Form 53-55 shows that he served a tour of duty in the European theater of operations during the period 26 April 1944 through 13 March 1945.

9.  Hospital Admission Card data files show that the applicant was admitted to a convalescent facility, camp, or hospital for treatment of a battle injury on 8 December 1944 in the European theater.

10.  The Type of Case category of the hospital data files record for the applicant contains the entry “battle injury.”

11.  The Causative Agent category of the hospital data files record for the applicant contains the entry “gun, explosive effects of discharge.”

12.  The Circumstances category of the hospital data files record for the applicant contains the entry “all battle casualties, and all battle injuries not intentionally inflicted by self or another person.”

13.  The Final Result category of the hospital data files records for the applicant contain the entries “Discharged for Traumatism; Final Result is Unknown or Not in Code List” and “Discharged or Retired for Disability, Line of Duty, Yes.”

14.  There is insufficient evidence in the applicant’s available reconstructed military service records to determine eligibility for entitlement to additional awards and decorations that are not shown on his WD AGO Form 53-55.

15.  Information obtained from the Hospital Admission Card data files for the years 1942 through 1945 and 1950 through 1954, created by the Office of the Surgeon General, was made available to the National Personnel Records Center by the National Research Council, a current custodian of the data file.  The file was originally compiled for statistical purposes; therefore, name identification does not exist and not all hospital admissions are included.  Veterans on the file are identified by service number and other data related to hospital admission.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his discharge document be corrected to show award of the Purple Heart for being injured by enemy action in a combat situation on 7 December 1944 was carefully considered and determined to have partial merit.

2.  The applicant's records show that he was treated for a battle injury on 8 December 1944, that the wound was the result of hostile action which required treatment, and that the medical treatment was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart for a battle injury as a result of hostile action documented on 8 December 1944 and correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records pertaining to the individual concerned be corrected by awarding the applicant the Purple Heart and amending his WD AGO Form 53-55 to show award of the Purple Heart for a battle injury documented on 8 December 1944.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his military service records to show that he was wounded in action on 7 December 1944 as requested due to insufficient documentation to support that date as the precise date the injury was sustained.



      ____________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)                                         AR20080008278





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ABCMR Record of Proceedings (cont)                                         AR20080008278



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