Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080015390
Original file (20080015390.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  22 January 2009

		DOCKET NUMBER:  AR20080015390 


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 (PH).  

2.  The applicant states, in effect, he should be awarded the PH for injuries he received in combat during World War II.  He claims that sometime in April 1945, in Germany, he was hit in the left hip with shrapnel and sustained a cut to the trigger finger on his right hand.  He claims he was treated for these wounds in the field and returned to duty.  

3.  The applicant provides a self-authored statement, an affidavit, and copies of his military service record 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 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 record shows that he was inducted into the Army and entered active duty on 1 February 1943.  It also shows he served in the European Theater of Operations from 23 August 1944 through 9 August 1945.  His record also shows that private first class was the highest rank he attained while serving on active duty.  

3.  The applicant's record contains a WD AGO Form 33 (Report of Physical Examination), dated 2 November 1945, which documents the applicant's separation medical examination.  This document contains the entry "None" in Item 11 (List significant diseases, wounds, and injuries.  State circumstances under which wounds or injuries were incurred and date of onset) and provides no indication that the applicant was ever wounded or injured as a result of enemy action.  The record does include a medical treatment record showing he was treated for a finger injury; however, the medical treatment record gives no indication that this injury was combat related.  There are no medical treatment records on file that indicate the applicant was ever treated for a combat related wound or injury he received as a result of enemy action.  

4.  On 3 November 1945, the applicant was honorably separated after completing 2 years, 9 months, and 3 days of active military service.  The separation document (WD AGO Form 53-55) he was issued upon his separation shows he earned the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal during his tenure on active duty.  The separation document is void of an entry indicating that he was ever wounded in action and the applicant authenticated this document with his signature on the date of his separation.  

5.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the PH for injuries he received in combat during World War II was carefully considered.  However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action.

2.  The evidence in this case fails to show the applicant was ever wounded as a result of enemy action.  The medical treatment record documenting his treatment for a finger injury fails to indicate this injury was sustained as a result of enemy action.  There are no medical treatment records on file that show he was ever treated for a combat related wound or injury, and the WD AGO Form 33 documenting his separation medical examination fails to identify any combat related wounds or injuries.  Further, there is no entry on his separation document related to wounds received as a result of enemy action.  As a result, absent any evidence of record corroborating the applicant's claim that he was wounded in action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

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 he made 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)                                         AR20080015390



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015390



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060010872C071029

    Original file (20060010872C071029.doc) Auto-classification: Denied

    There is no information or documentation on file that indicates the applicant was ever wounded as a result of enemy action, or that he was ever treated for a battle related wound or injury while serving on active duty. Further, the PH is not included in the list of awards contained in Item 33 of the applicant's separation document, and Item 34 contains the entry "None", which indicates he was never wounded in action. Records show the applicant should have discovered the alleged error...

  • ARMY | BCMR | CY2002 | 2002076355C070215

    Original file (2002076355C070215.rtf) Auto-classification: Denied

    In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. In this case, there are no medical or other official records to confirm that the applicant was ever wounded or injured in action or treated for a combat related wound or injury while serving on active duty during World War II. However, based on the lack of records and evidence to support his contention that he was wounded in...

  • ARMY | BCMR | CY2008 | 20080007317

    Original file (20080007317.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). This case is being considered using a reconstructed NPRC file that includes his separation document (WD AGO Form 53-55), and documents he provided by the applicant, which includes a WD AGO Form 38. The NPRC file on the applicant contains a correction to the applicant’s separation document (DD Form 215 which confirms he was POW from 20 December 1944 to 21 April 1945; and was awarded the POW Medal.

  • ARMY | BCMR | CY2008 | 20080010202

    Original file (20080010202.txt) Auto-classification: Approved

    The applicant states, in effect, that he should be awarded the PH for being wounded in action on 19 February 1945. This case is being considered using a reconstructed file from NPRC and documents provided by the applicant, which include the applicant's WD AGO Form 53-55, Army Separation Qualification Record (WD AGO Form 100), Certificate of Disability for Discharge (WD AGO Form 40), and Medical Record Documents. The evidence confirms the applicant was awarded the BSM during his active duty...

  • ARMY | BCMR | CY2010 | 20100019655

    Original file (20100019655.txt) Auto-classification: Denied

    Item 33 (Decorations and Awards) of the applicant's WD AGO Form 53-55 shows that during his active duty tenure he earned the American Theater Service Medal, World War II Victory Medal, EAME Campaign Medal, and Army Good Conduct Medal. The applicant's contends he was awarded the PH. Absent any documentary evidence corroborating the applicant's claim or that shows he was wounded in action or treated for a combat-related wound while serving on active duty during World War II, the regulatory...

  • ARMY | BCMR | CY2004 | 2004104144C070208

    Original file (2004104144C070208.doc) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The record contains no indication that the applicant was ever wounded in action or that he was ever recommended for or awarded the PH. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

  • ARMY | BCMR | CY2006 | 20060012743C071029

    Original file (20060012743C071029.doc) Auto-classification: Approved

    The evidence of record includes military medical treatment records and OTSG Hospital Admission Records confirming that the applicant was hospitalized and treated for trench foot, deafness, and psychoneurosis/anxiety while on active duty. The applicant's military record is void of any entries or medical treatment records that indicate he received and/or was treated for a shrapnel wound while serving on active duty. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2006 | 20060016379C071029

    Original file (20060016379C071029.doc) Auto-classification: Denied

    It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. However, by regulation, in order to support award of the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by...

  • ARMY | BCMR | CY2004 | 20040000139C070208

    Original file (20040000139C070208.doc) Auto-classification: Denied

    The applicant states, in effect, that he is entitled to award of the PH for injuries he received as a result of enemy action on or about 15 September 1943. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that based on his World War II service and...

  • ARMY | BCMR | CY2007 | 20070005553C071029

    Original file (20070005553C071029.doc) Auto-classification: Denied

    The applicant provides the following documents in support of the application: FSM's Certificate of Disability for Discharge (WD AGO Form 40) and Separation Document (WD AGO Form 53-55); FSM Death Certificate; Applicant Birth Certificate; and Applicant Power of Attorney. The FSM's military records are not available to the Board for review. There are no orders or other documents in the FSM's reconstructed NPRC file that show he was ever recommended for or awarded the PH by proper authority,...