IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080014363
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, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Purple Heart.
2. The applicant states, in effect, that he was wounded in action while serving in Germany during World War II.
3. The applicant provides no supporting documentation.
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 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. On 7 May 1986, the National Personnel Records Center issued the applicant a Certification of Military Service (NA Form 13038) showing that he served in the Army of the United States from 14 February 1942 to 14 February 1946. He was honorably discharged in the rank of private first class.
4. The applicant's Final Payment-Work Sheet (WD Form 372A) shows that the applicant's previous unit was G Company, 302nd Infantry Regiment. It also shows that he received combat infantryman pay and foreign service pay.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War. This document shows that the 302nd Infantry Regiment participated in the following four campaigns: Northern France (25 July to 14 September 1944); Rhineland (15 September 1944 to 21 March 1945); Ardennes-Alsace (16 December 1944 to 25 January); and the Central Europe (22 March to 11 May 1945).
6. United States Army Surgeon General Office (SGO) Hospitalization File Listing for 1945 shows that the applicant was hospitalized on 30 December 1944 as a battle casualty. He suffered wound(s) to his forearm. He was hospitalized for 115 days.
7. 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, in effect, that he was wounded in action and his records should show award of the Purple Heart.
2. The available evidence clearly shows that the applicant served overseas and was wounded in action. Therefore, he is entitled to award of the Purple Heart.
3. Unfortunately, the applicant's military records, including his WD AGO Form 53-55, are no longer available for review and correction. Therefore, what awards the applicant was previously issued cannot be determined.
4. As a matter of equity, and to provide the applicant with appropriate documentation of his Purple Heart, orders should be published awarding him the Purple Heart for wounds sustained in action on or about 30 December 1944.
BOARD VOTE:
____X___ ___X____ ___X____ 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 by:
a. awarding him the Purple Heart for wounds sustained in action against the enemy on or about 30 December 1944; and
b. issuing the appropriate document to show award of the Purple Heart.
_______ _ 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) AR20080014363
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