IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20090000220
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 he received injuries in November 1944 when the jeep he was riding in blew up due to a gas leak. He states he woke up in the hospital burned from head to toe.
3. The applicant provides no additional evidence or official documentation 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's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 12 December 1945 shows he was inducted into the Army of the United States on 17 February 1943 and he entered active duty on 24 February 1943. He served in the European Theater of Operations (ETO) from 15 December 1943 to 24 November 1945.
4. On 12 December 1945, the applicant was released from active duty. He had completed 2 years, 9 months, and 26 days of active service that was characterized as honorable.
5. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not contain an entry for the Purple Heart.
6. Item 34 (Wounds Received in Action) of the applicants WD AGO Form 53-55 contains the entry "None."
7. The applicant's service medical records were not available for review.
8. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.
DISCUSSION AND CONCLUSIONS:
1. According to the applicant's statement he was injured when his jeep blew up. Accidental injuries received in a combat zone are not considered wounds received in action. Item 34 of the applicants WD AGO Form 53-55 does not indicate he received any wounds in action and his service medical records were not available for review.
2. Therefore, in the absence of military records which show the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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.
_______ _ _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) AR20090000220
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000220
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100012382
The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action as a result of enemy action on 14 February 1945 during World War II; b. adding to his separation document the Purple Heart, World War II Victory Medal and four bronze service stars to be worn on his European-African-Middle...
ARMY | BCMR | CY2012 | 20120022732
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 20 January 1947 to show award of the Purple Heart. His record contains documents showing he submitted requests for award of the Purple Heart through the DVA and the American Legion to the Army Personnel Center and the NPRC during the period 1992 to 1995, all of which were denied due to lack of evidence showing he had sustained an injury as the...
ARMY | BCMR | CY2009 | 20090004279
The applicant requests the records of her deceased husband, a former service member (FSM), be corrected to show he was wounded in combat and to be awarded the Purple Heart. However, there is insufficient evidence to grant the FSM the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment...
ARMY | BCMR | CY2010 | 20100010413
The 2004 Newsletter from the alumni 1108th Group which describes his experiences and injuries (page 24) indicates that the applicant was a passenger in a jeep in which the steering apparatus went berserk and control of the jeep was lost. 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...
ARMY | BCMR | CY2009 | 20090014233
The applicant states that the FSM should be awarded the Purple Heart for an injury he suffered during war service and the subsequent deformity of his leg. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the FSM was wounded or injured as a...
ARMY | BCMR | CY2002 | 2002070354C070402
The WD AGO Form 53-55 (Enlisted Record and Report of Separation) contained in the applicant’s records, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 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. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2002 | 2002070457C070402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. 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. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
ARMY | BCMR | CY2012 | 20120001436
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 AR20110006613 on 11 October 2011. The two WD AGO Forms 234 and VA Rating Decision provided by the applicant are new evidence which require that the Board reconsider his request. As such, in the absence of corroborating evidence of record which shows the applicant was wounded or injured...
ARMY | BCMR | CY2011 | 20110018573
BOARD DATE: 22 March 2012 DOCKET NUMBER: AR20110018573 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was assigned to Company C, 94th CMB, and served in the European theater of operations from 2 February 1945 to 1 July 1945. c. He earned the Expert Marksmanship Qualification Badge with Carbine Bar. Regrettably, in the absence of evidence showing the applicant was wounded as a result of hostile action, that he received medical treatment by medical personnel for such injuries, and this...
ARMY | BCMR | CY2008 | 20080017063
IN THE CASE OF: BOARD DATE: 9 December 2008 DOCKET NUMBER: AR20080017063 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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...