IN THE CASE OF:	  

		BOARD DATE:	  19 February 2009

		DOCKET NUMBER:  AR20080016577 


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 award of the Purple Heart.

2.  The applicant states that he suffered a gunshot wound to his left hand in combat during World War II.  He further states, in effect, that he received treatment for his wound from a doctor at the 29th General Hospital of the British Royal Army Medical Corps (RAMC) on 12 July 1945.  The applicant concludes that he believes he never received the Purple Heart due to administrative error without malice.

3.  The applicant provides copies of a Hospital or Sick List Record Card (Royal Army Form 39) and two letters from the Department of Wisconsin, Military Order of the Purple Heart, as documentary evidence in support of this 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 military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was inducted into the Army of the United States and entered active duty on 25 October 1944.  Upon completion of initial entry training, he was assigned to the Infantry arm.  The applicant's military occupational specialty (MOS) at the time of separation was Auto Mechanic (614). This form also shows that he served in the European Theater of Operations for a period of 1 year, 4 months, and 18 days.  The applicant held the rank of technician fifth grade on the date of his separation.  The applicant was demobilized on 10 August 1946, after completing a total of 1 year, 9 months, and 16 days of active military service.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows he participated in the Central European campaign.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 does not show award of the Purple Heart.  Additionally, there is no indication of receipt of the Purple Heart annotated elsewhere on this form.  Item 34 (Wounds Received in Action) of this form shows "None," which indicates the applicant did not sustain any wounds in combat.

6.  The applicant provides a letter from the National Service Officer of the Department of Wisconsin, Military Order of the Purple Heart, Milwaukee, Wisconsin, dated 28 August 2007.  The letter was addressed to the Army Review Board Agency Support Division located in St. Louis, Missouri.  On behalf of the applicant, the National Service Officer requested that his military record be corrected with the issuance of a DD Form 215 and the award of the Purple Heart. A copy of a Hospital or Sick List Record Card was provided as proof of the applicant's wounding and subsequent receipt of medical treatment on 12 July 1945.


7.  The Hospital or Sick List Record Card, dated 12 July 1945, shows the applicant was admitted to the 29th General Hospital of the British Royal Army Medical Corps (RAMC) on 12 July 1945 for treatment of a perforating gunshot (rifle) wound he sustained to his left hand and returned to duty on 16 July 1945.  This form does not show any details about the circumstances under which the applicant sustained his injury.

8.  The applicant provides a letter from the National Service Officer of the Department of Wisconsin, Military Order of the Purple Heart, Milwaukee, Wisconsin, dated 10 September 2008.  The letter was addressed to the Army Review Board Agency Support Division located in St. Louis, Missouri.  On behalf of the applicant, the National Service Officer, in effect, requested the status of the request he had submitted on 28 August 2007.

9.  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's contention that he is entitled to the award of the Purple Heart due to a wound he received during hostile action was carefully considered and determined to lack merit.

2.  The applicant's WD AGO 53-55 does not show award of the Purple Heart or that he sustained any wounds in combat.

3.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action.  Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.

4.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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)                                         AR20080016577



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ABCMR Record of Proceedings (cont)                                         AR20080016577



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