IN THE CASE OF:	  

		BOARD DATE:	        29 JANUARY 2009

		DOCKET NUMBER:  AR20080015887 


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 reconsideration of his request for award of the Purple Heart.

2.  The applicant states, in effect, that he saw a newspaper article dated 11 November 2002 which describes an individual being awarded the Purple Heart almost 50 years after the fact and the article describes very much the same conditions he experienced.  He goes on to state that he suffered an injury to his ear on 23 February 1945 and was transported to the 97th General Hospital in Frankfurt, Germany, where he remained for 19 days.  He also states that his loss of hearing in one ear and his subsequent treatment and compensation from the VA should be sufficient to establish that his injury was the result of hostile action and his entitlement to the Purple Heart.

3.  The applicant provides a copy of a newspaper article dated 11 November 2002, a copy of a VA Consultation Sheet , a copy of his VA Claim for service-connected disability, a copy of pictures of himself and his five brothers who were also serving during WWII along with a newspaper article, a copy of the History of the 279th Engineer Combat Battalion, a copy of a Unit Reunion Schedule for March 2008, and copies of pictures from Time-Life regarding the building of bridges over the Roer River during WWII and the incident in which the applicant has described in his application.




CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080001857, on 22 April 2008.

2.  The applicant was inducted into the Army of the United States on 29 October 1943 and entered active duty on 19 November 1943 at Camp Shelby, Mississippi.  He completed his training as a combat engineer (bridge carpenter) and departed for the European-African-Middle Eastern (EAME) Theater of Operations on 22 September 1944.

3.  On 16 December 1944, the Germans started their Ardennes Offensive which lasted until 25 January 1945 and was called "The Battle of the Bulge" by United States forces.  The Germans surrendered on 7 and 8 May 1945.

4.  The 97th General Hospital departed England on 30 June 1945 and arrived in Frankfurt, Germany in July 1945, where it found a German Hospital (Herman Goering Luftwaffe Hospital) built in 1941 that was quite well equipped to meet its needs and subsequently grew to become the Frankfurt Army Regional Medical Center.

5.  The applicant remained in Germany as part of the Occupation forces and departed on 31 March 1946.  He was transferred to Camp Shelby, Mississippi, where he was honorably discharged in the rank of staff sergeant on 15 April 1946.  He was awarded the EAME Campaign Ribbon with two bronze service stars, the Good Conduct Ribbon, and the World War II Victory Medal.  In block 34 of his report of separation (WD AGO Form 53-55) under "Wounds Received in Action" is the entry "None."

6.  A thorough review of the available records fails to show any evidence that the applicant was wounded/injured in action against the enemy or that he was treated for such wounds or injuries.  However, medical treatment records do show that in October 1945, while assigned to the 333rd Engineer Special Service Regiment, the applicant was treated at the 97th General Hospital in Germany for Otitis media and Mastoiditis.  The cause of his symptoms were undetermined.  The applicant's separation physical examination reflects under "Ear,Nose, Throat, Abnormalities" the entry "SCAR LEFT DRUM OLD."



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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The sincerity of the applicant's contention that he was wounded/injured in action against the enemy on 23 February 1945 and that he was treated by medical personnel is noted; however, there is insufficient evidence to clearly establish that such was the case.

2.  While the applicant believes that his disability compensation is sufficient to establish his entitlement to award of the Purple Heart, the fact remains that without sufficient evidence to show that his injury was the result of enemy action and that a record of treatment was made, VA Compensation does not approach the threshold of proof required to establish entitlement to award of the Purple Heart.

3.  The applicant contends that he was wounded on 23 February 1945 and that he was treated at the 97th General Hospital in Frankfurt, Germany and subsequently returned to his unit to resume fighting.  However, the 97th General Hospital did not arrive in Germany until after the surrender of Germany, in July 1945.  There is no evidence in the available records to show that he was treated for injuries to his ears during the period of hostilities.  There is evidence of treatment subsequent to the cessation of hostilities; however, that treatment does not establish an entitlement to award of the Purple Heart.

4.  Unfortunately, the absence of records and the passage of time (64 years) makes it difficult at best to determine exactly what happened in the applicant's case.  While it is recognized that it is not the fault of the applicant that his records were destroyed, there is insufficient evidence to resolve any doubt that may exist in his case or to give him the benefit of such doubt.  Therefore, in the absence of sufficient evidence to establish that he was wounded/injured as a result of enemy action and that treatment was made a matter of record, it must be presumed that what the Army did at the time was correct.






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 to amend the decision of the ABCMR set forth in Docket Number AR20080001857, dated 22 April 2008.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the World War II.  The applicant and all Americans should be justifiably proud of his service in arms.





      _______ _ 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)                                         AR20080015887





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ABCMR Record of Proceedings (cont)                                         AR20080015887



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