IN THE CASE OF:
BOARD DATE: 18 November 2008
DOCKET NUMBER: AR20080015417
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 a second award of the Purple Heart.
2. The applicant states, in effect, that in early June 1944 he was wounded in action. He contends that prior to this action, he was the victim of gunfire and his ears were punctured. He also states that he has one award of the Purple Heart from the Battle of the Bulge but not one for his wounds incurred in Normandy.
3. A letter, dated 13 August 2008, from a Member of Congress states, in pertinent part, that the applicant reported the first time he was wounded he received shrapnel in his left leg and punctured ear drums at Normandy and the second time he was wounded in the right leg at Belgium.
4. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and a letter, dated 13 August 2008, from a Member of Congress 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 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 23 June 1943 and entered active duty on
7 July 1943. He served in the European Theater of Operations from
25 January 1944 to 3 December 1945 and was honorably discharged on
19 December 1945.
4. The applicants WD AGO Form 53-55 shows the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, Germany 6 June 45.
5. There is no evidence which shows the applicant was wounded a second time as a result of hostile action during World War II.
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:
Evidence of record shows the applicant was wounded in action on "6 June 1945" in Germany. There is no evidence of record and the applicant has not provided any corroborating evidence which shows that he was wounded a second time as a result of hostile action during World War II. Regrettably, there is insufficient evidence on which to base a second award of 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.
_______XXX_______________
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) AR20080015417
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ABCMR Record of Proceedings (cont) AR20080015417
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