IN THE CASE OF:	  

		BOARD DATE:	       31 March 2009

		DOCKET NUMBER:  AR20080015826 


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 military records to show award of the Purple Heart and the Good Conduct Medal. 

2.  The applicant states that he has not received the Purple Heart or the Good Conduct Medal.  He contends that he was wounded in France while in the combat zone.   

3.  The applicant provides, in support of his application, copies of a letter from the Veterans Administration, with appendix, dated 27 July 1945; a letter from the Department of Veterans Affairs, dated 23 April 2007; and an outpatient routing slip printed on 1 May 2007.

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.  According to the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge):

      a.  On 3 March 1943, the applicant was inducted into the Army of the United States and entered active service on 10 March 1943.  He was subsequently awarded military occupational specialty (MOS) 745 (Rifleman) and was assigned to Company C, 121st Infantry Regiment.

      b.  On 12 August 1944, the applicant departed the United States for service in the European Theater of Operations (ETO).  He served in the ETO from 22 August 1944 to 19 February 1945 and arrived back in the United States on 6 March 1945.
      
      c.  Awards listed on the WD AGO Form 53-55 include the European-African-Middle Eastern Service Medal with one bronze service star, Combat Infantryman Badge.  There appear to be two other marksmanship awards, but the entry is illegible.  It does not show award of the Purple Heart or the Good Conduct Medal.
      
      d.  Item 34 (Wounds Received in Action) shows "None."
      
      e.  The applicant attained the rank of private (PVT) and was discharged on 5 July 1945. He had completed 1 year, 8 months and 27 days of creditable active duty service.

4.  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.

5.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  

6.  The letter from the Veterans Administration, dated 27 July 1945, as provided by the applicant, shows that he was awarded a pension in the amount of $150.00 per month commencing 6 July 1945 for a period not to exceed 6 months.  The basis for this pension was his nervous condition and the condition of his right thigh.  The letter further stated that service connection was not granted for a gunshot wound that the applicant claimed he received to his left leg.

7.  The letter from the Department of Veterans Affairs (VA), dated 23 April 2007, as provided by the applicant, shows that he is permanently and totally disabled due to service connected disabilities.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was shot while in combat and has not received a Purple Heart or the Good Conduct Medal.

2.  Unfortunately, there is no available documentation to corroborate his contention that he was wounded in action.  Furthermore, there is no evidence showing that he received medical treatment for any wound received in action.  Neither did the VA grant service-connection for any such wound.

3.  The available evidence of record shows that the applicant served on active duty for approximately 1 year and 8 months, and was honorably discharged as a private.  The regulatory requirements at the time authorized award of the Good Conduct Medal to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  There is no available evidence showing that the applicant's service met these requirements, other than the length of service.

4.  In view of the above, the applicant's request for award of the Purple Heart and Good Conduct Medal 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)                                         AR20080015826





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015826



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1