IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080013431
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, in effect, that his partner was blown up by a landmine and that he was hit in the right side of his face by some of the shrapnel.
3. The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) in support of this 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 are not available to the ABCMR 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. This review is based primarily on the applicants WD AGO Form 53-55.
3. The applicants WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 19 July 1944 and entered active duty on the same date. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 345 (Truck Driver).
4. The applicant's WD AGO 53-55 also shows in Item 36 (Service Outside Continental U.S. and Return), that he served in the European Theater of Operations (ETO) from 9 January 1944 (should read 9 January 1945) through
28 July 1945.
5. Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows that he participated in the Ardennes, Rhineland, and Central Europe campaigns
6. The applicants WD AGO 53-55, shows that on 29 June 1946, he was honorably discharged after completing a total of 1 year, 11 months, and 11days of active military service. He was awarded the Combat Infantryman Badge, the American Theater Ribbon, the Good Conduct Medal, the European-African-Middle Eastern (EAME) Campaign Medal, and the World War II Victory Medal.
7. Item 33 (Decorations and Citations) of the applicants WD AGO 53-55 does not show award of the Purple Heart.
8. A Hospital Admission Card created by the Office of the Surgeon General, Department of the Army shows the applicant was treated in August 1944 (prior to his deployment) for a reaction to drugs, vaccines, serums (other than acute poisonings): typhoid and paratyphoid vaccine.
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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart.
2. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in the applicants available service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. There are no supporting documents or eyewitness accounts to verify that he was wounded during his deployment to the ETO. In the absence of such evidence, there is an insufficient basis to grant to award the Purple Heart in this case.
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) AR20080013431
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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