IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080012418
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 received an injury (broken nose) during World War II and that he was offered the Purple Heart but he refused out of guilt and in honor of the men killed in his battery.
3. The applicant provides, in support of his application, a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a Report of Physical Examination and Induction; a Separation Qualification Record; a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement); dental service records; an excerpt on the 550th Antiaircraft Artillery Gun Battalion; a letter, dated 27 June 1994; and two eyewitness statements from fellow Soldiers at the time in question.
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 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 applicants 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 was inducted on 19 January 1943 and entered active duty on
26 January 1943. He served in the European Theater of Operations from
2 November 1943 through 28 May 1946 and was honorably discharged on
11 June 1946.
4. The applicants WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, none.
5. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. Item 11 (List all significant diseases, wounds, and injuries) on the applicants WD AGO Form 38, dated 10 June 1946, shows the entry, (A) BAD RIGHT EAR-NO TREATMENT. Item 37 (Ear, nose, throat, abnormalities) on this form shows the entry, deviated septum right EPTS [existed prior to service] 11a noted no abnormalities noted.
7. In support of his claim, the applicant provided two eyewitness statements from fellow Soldiers at the time in question. One Soldier recalled that the applicant got hurt (nose and face bleeding) on his truck during a straffing by a German plane and that he should have been given the Purple Heart. One Soldier recalled an accident the applicant had while on duty in France during World War II, when he smashed his nose on the tent pole sticking out from the truck he was unloading when a German plane buzzed them.
8. 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. The 10 June 1946 WD AGO Form 38 provided by the applicant states that his right deviated septum existed prior to service and no wounds or injuries were noted in item 11. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action, the eyewitness statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XX______ ___XX_____ ___XX_____ 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.
________XXXX______________
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) AR20080012418
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080012418
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019529
Application for correction of military records (with supporting documents provided, if any). Incorporated herein by reference are the available military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080003644 on 20 May 2008. There is also no evidence of record and the applicant did not provide any evidence to show that he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2013 | 20130004578
The only records available to this Board are the records provided by the applicant. His service medical records were not available for review. He states he suffered a wound to his forehead as a result of being bombed by German planes as described above.
ARMY | BCMR | CY2009 | 20090000390
The applicant requests correction of his military records to show that he was awarded the Purple Heart for injuries sustained while in action during World War II. The applicant provides, in support of his application, copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), a citation for award of the Bronze Star Medal, and...
ARMY | BCMR | CY2009 | 20090015649
e. 18 April 1945: No mention of foot injury. Page 23: "A couple medics carried me back to the same first aid station that wrapped my foot 10 days ago. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in November 1944; and b. adding to item 33 of his WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and the World War II...
________________________________________________________________ APPLICANT CONTENDS THAT: As a tail gunner in a B-24 Bomber during World War II, his plane was gunned down by the Germans. ___________________________________________________________________ AIR FORCE EVALUATION: The Recognition Programs Branch, AFPC/DPPPR, indicates that the Purple Heart is awarded for wounds received as a direct result of enemy action. THOMAS C. MARKIEWICZ Panel Chair AFBCMR 00-03104 MEMORANDUM FOR THE CHIEF...
ARMY | BCMR | CY2003 | 2003088801C070403
The applicant states, in effect, that he was wounded and hospitalized but the Purple Heart was not listed on his discharge. A search of medical records available to the Board was conducted for any evidence showing that the applicant was wounded in action on 29 June 1943 as indicated by the applicant's eyewitness. Based on the special provisions of the awards regulation, the applicant is entitled to award to the Bronze Star Medal (Second Oak Leaf Cluster) based on award of the Combat...
ARMY | BCMR | CY2008 | 20080017756
The applicants military records are not available to the Board for review. The applicant's contention that he is entitled to award of the Purple Heart based on his finger injury and/or hearing loss and the evidence he submitted were carefully considered; however, there is insufficient evidence to award him the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that he sustained wounds or injuries as a result of hostile action, and that he was treated by...
ARMY | BCMR | CY2008 | 20080012327
Application for correction of military records (with supporting documents provided, if any). The applicant's contention that he should be awarded the PH based on being wounded in action during World War II was carefully considered. Therefore, it would not be appropriate or serve the interest of all those who served in World War II and who faced similar circumstances to grant the requested relief.
ARMY | BCMR | CY2011 | 20110013448
The applicant requests award of the Purple Heart based on his World War II service. The applicants military records are not available to the Board for review. 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.
ARMY | BCMR | CY2008 | 20080006151
Item 34 (Wounds Received in Action), of the WD AGO Form 53-55, shows the entry, "None" to indicate the FSM was not wounded while he served in the EAME Theater. There is no evidence of record, and the applicant has provided insufficient evidence, which shows that the FSM was awarded the Purple Heart or that he was wounded as a result of hostile action. ________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...