IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080012397
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, that his separation document (DD Form 214) be corrected to show he received two Purple Hearts (in effect, the Purple Heart with first oak leaf cluster).
2. The applicant states that his DD Form 214 only lists one Purple Heart. It does not distinguish between the two conflicts in which he was wounded.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a 4th Cavalry History of Troops document 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the Board were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case. The primary record available to the Board is the applicants WD AGO Form 53-55.
3. The applicant's reconstructed record shows he was inducted into the Army of the United States on 10 April 1943 and that he entered active duty on 17 April 1943. He completed the necessary training and was awarded military occupational specialty (MOS) 1736 (Light Tank Crewman).
4. He served in the European-African-Middle Eastern (EAME) theater of operations during the period from 6 June 1944 to 24 November 1945. He was honorably discharged from active duty on 12 December 1945. He completed 2 years, 7 months, and 26 days of service.
5. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the applicant was awarded the Purple Heart. However, it does not show he was awarded the Purple Heart with first oak leaf cluster.
6. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "11 Sep 44, Belgium."
7. The 4th Cavalry History of Troops document that the applicant submitted states that the applicant was lightly wounded by shrapnel and returned to duty on 11 September 1944. This same document states that the applicant was slightly injured by a booby trap explosion and returned to duty on 30 September 1944.
8. A copy of a U.S. Army Surgeon General Office (SGO) Hospital Listings show that the applicant was admitted to a hospital when he was wounded by lacerations to his hand and foot in September 1944. There is no record in the SGO Listings that the applicant was hospitalized a second time for wounds.
9. 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.
10. Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he received the Purple Heart with first oak leaf cluster.
2. There is no evidence in his available service records which shows he was wounded as a result of hostile action or treated by medical personnel for any wounds on a date and time other than 11 September 1944.
3. The 4th Cavalry History of Troops that the applicant submitted is not an official record; therefore, it cannot be used as corroborating evidence to award the applicant the Purple Heart with first oak leaf cluster.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20080012397
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ABCMR Record of Proceedings (cont) AR20080012397
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