IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009

		DOCKET NUMBER:  AR20080014930 


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 correction of his military records to show award of the Purple Heart and the Presidential Unit Citation.

2.  The applicant states, in effect, that he was wounded by an enemy artillery shell that burst a tree sending wood and metal shrapnel into him.  He further states that a medic picked slivers of wood and metal out of his body.

3.  The applicant provides, in support of his application, a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55), a recommendation for a unit award for the 3rd Battalion, 517th Parachute Infantry Regiment, and a priority listing for receiving veterans health care.

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 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.  The applicant’s WD AGO Form 53-55 shows:

	a.  that he was inducted into the Army of the United States (AUS) on 10 July 1943 and entered active service on 31 July 1943;

	b.  that he honorably served in the AUS during the period from 31 July 1943 to 21 October 1945;

	c.  that during his service he served with Headquarters Company, 3rd Battalion, 517th Parachute Infantry Regiment;

	d.  that he was not wounded in action;

	e.  that he served in the European Theater of Operations from 8 April 1944 to 16 August 1945 and participated in the Rome-Arno, Southern France, Rhineland, Ardennes-Alsace, and the Central Europe campaigns during World War II;

   f.  that he was discharged on 21 October 1945; and

   g.  that his awards include the Bronze Star Medal, Good Conduct Medal and the European-African-Middle Eastern Campaign Medal with one silver service star.  It does not list the Purple Heart or Presidential Unit Citation. 

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication shows that the 517th Parachute Infantry Regiment, during the time of the applicant's assignment, participated in five campaigns:  the Rome-Arno, Southern France, Rhineland, Ardennes-Alsace, and Central Europe.  The regiment also received assault credit for Southern France on 15-16 August 1944.  The regiment's 1st Battalion was cited in Department of 
Army General Orders Number 10 (1948) for award of the Distinguished Unit 
Citation [now known as the Presidential Unit Citation] for action during               22-24 December 1944.  The 517th Regiment was also cited for award of the French Croix de Guerre for its action during 15 August to 19 November 1944.  

5.  The applicant provided a copy of a recommendation for a "Presidential Unit  Citation" for the 3rd Battalion, 517th Parachute Infantry Regiment for conspicuous service and bravery in the presence of the enemy during the period 21 December 1944 through 21 January 1945.  However, there is no available evidence showing that the recommendation was approved, or that the requested award was ever presented to the 3rd Battalion.

6.  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:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart and the Presidential Unit Citation.

2.  There is no available documentation to support the applicant's contention that he was wounded in action and received medical treatment.  His WD AGO Form 53-55 indicates that he had not received any wounds as a result of enemy action.  Therefore, his request for award of the Purple Heart should be denied.

3.  The available evidence shows that the 1st Battalion, 517th Parachute Infantry Regiment was awarded the Presidential Unit Citation.  However, there is no documentation showing that the applicant's unit, the 3rd Battalion of the same regiment, also received the award.  Therefore, the applicant's request for award of the Presidential Unit Citation should be denied.

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)                                         AR20080014930





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ABCMR Record of Proceedings (cont)                                         AR20080014930



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