IN THE CASE OF:	  

		BOARD DATE:	       9 December 2008

		DOCKET NUMBER:  AR20080017063 


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 was wounded in France in August 1944 and that he has been told his injury was not in actual combat with the enemy. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service), dated 1 December 1945, 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 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.  The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 27 January 1943 and entered active duty at Fort Hayes, Ohio, on 3 February 1943.  This form also shows that he was assigned to Headquarters and Services Company, 160th Engineer Battalion (Combat) at the time of his separation.

4.  The applicant's WD AGO Form 53-55 shows he served in the European-African-Middle Eastern (EAME) Theater from 8 July 1943 to 18 November 1945. He completed 5 months and 3 days of continental service and 2 years, 4 months, and 26 days of foreign service.  He was honorably discharged on 1 December 1945.

5.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns during World War II (WWII).

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Good Conduct Medal, the Meritorious Unit Award, the European-African-Middle Eastern Campaign Medal with four bronze service stars, and the World War II Victory Medal.  Item 33 does not show award of the Purple Heart.

7.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."

8.  The applicant's reconstructed records do not contain general orders awarding him the Purple Heart. 

9.  The applicant’s Form 52d (Medical Department, U.S.A.), dated 13 August 1944, shows the applicant suffered a light wound to his head when his truck stopped for a convoy then started up suddenly, throwing the applicant from the truck.  His medical treatment consisted of washing the wound, shaving his hair, and three sutures.  


10.  The applicant’s information from the Hospital Admission Cards, dated 12 November 2003, created by the Office of the Surgeon General, shows the applicant suffered a laceration wound in August 1944 as a result of falling from a vehicle.

11.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

12.  Army Regulation 672-5-1 (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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart. 

2.  The evidence of record shows that the applicant suffered an accidental injury to his head when his truck stopped then started up suddenly, throwing him from the truck on 13 August 1944.  However, there is no evidence that this injury was a result of hostile action.

3.  There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his available service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant 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 made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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      _______ _   _______   ___
               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)                                         AR20080017063



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ABCMR Record of Proceedings (cont)                                         AR20080017063



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