IN THE CASE OF:
BOARD DATE: 5 MARCH 2009
DOCKET NUMBER: AR20080018982
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.
2. The applicant states, in effect, that in March 1945 in Germany his platoon received incoming enemy artillery fire that injured several members of his platoon, including himself (arm wound). He claims that he provided his own medical treatment and that the wound healed and left a permanent scar. He contends that at the time of his discharge he described the details of this event to the interviewing officer and that he fully expected the interviewing officer to enter into the record his entitlement to the Purple Heart, which he did not. He now believes that to be an error or oversight due to the intense pressure to process a record number of discharges on the anniversary of Pearl Harbor Day.
3. The applicant provides a personal account of the incident; a copy of his WD AGO Form 53-55; a letter, dated 31 December 2006, to the U.S. Army Reserve Personnel Center, St. Louis, Missouri; a letter, dated 1 February 2007, from the National Personnel Records Center, St. Louis, Missouri; a map of Germany; and a photograph depicting a scar on the right arm 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 into the Army of the United States on
1 December 1942. He served in the European theater of operations from
24 May 1944 through 25 November 1945 and was honorably discharged on
7 December 1945.
4. The applicants WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "None."
5. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded 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:
1. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. The criteria for award of the Purple Heart includes a requirement that the wound have required treatment by medical personnel and that the medical treatment must have been made a matter of official record. The applicant acknowledged that he treated his wound himself.
2. Regrettably, there is insufficient evidence on which to base 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) AR20080018982
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ABCMR Record of Proceedings (cont) AR20080018982
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