IN THE CASE OF:	  

		BOARD DATE:	  	   21 April 2009

		DOCKET NUMBER:  AR20090000615 


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, in effect, award of the Purple Heart.
 
2.  The applicant states, in effect, he was injured during World War II in Germany sometime between 7 and 17 March 1945 and treated by a field medic.  He adds that the medic who treated him was killed in action a few days later and no paperwork was submitted on his injury.  The applicant concludes by stating he knows he deserves the Purple Heart and he would like the award before he passes on.

	a.  In his self-authored statement, the applicant states he was assigned to Company B, 52nd Armored Infantry Battalion, 9th Armored Division, and between 14 and 20 May 1945 [sic] he was on a forward scouting mission to make contact with the enemy.  He adds this took place after his unit crossed the Rhine River at the Remagen Bridge.

		(1)  He states that 15 to 20 soldiers from the unit were present when they entered a wooded area to advance toward the enemy.  After advancing through the woods they came to a clearing and saw railroad tracks.  They spotted two German tanks with their crews outside talking and eating, and the German Soldiers saw them at about the same time.

		(2)  The German Soldiers scrambled to get back into their tanks, the American Soldiers opened fire, and one of the German Soldiers was shot while climbing up the tank.  The German Soldiers then returned fire with 88mm cannon and machineguns.
		(3)  The applicant states that his unit made it back to safety, but some of the men were badly wounded by shrapnel and the more seriously wounded were taken back to the aid station.  He adds that he received a wound to his right wrist and the medic put some powder on the wound and wrapped a bandage around it.  He also states he did not consider his wound that serious so he returned to his unit and continued his duties, but he still has a scar to this day.

	b.  The applicant states that there were many witnesses to his wound and he kept in contact with most of those who were witnesses for many years after his discharge.  Unfortunately, they are all now deceased.

	c.  The applicant also provides a list of his awards and decorations.

3.  The applicant provides a self-authored statement, dated 17 November 2008; Standard Form 180 (Request Pertaining to Military Records), undated; and page 1 of his WD AGO Form 100 (Separation Qualification Record).

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 service 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 available military service records contain a WD AGO 
Form 100.  The Military Occupational Assignments section shows the applicant served 3 months in the grade of private first class in military occupational specialty (MOS) 521 (Infantry Basic Training), 15 months in the grade of corporal in MOS 345 (Truck Driver, Light), and 15 months in the grade of private first class in MOS 761 (Scout).  The WD AGO Form 100 Summary of Military Occupations section, in pertinent part, contains the entry "Scout:  Detached himself from troops in order to obtain information of the enemy such as his strength, and any installations or equipment that the enemy had in the vicinity."

4.  The applicant's available military service records contain a WD Form 372A (Final Payment - Work Sheet), dated 12 December 1945.  This document shows the applicant was separated at Fort Devens, Massachusetts.  The Credits section of this document, in pertinent part, provides for the identification of amounts due for payment of specialty pays, such as combat infantry pay and pay for awards.  This document shows the applicant was credited $4.00 for combat infantry pay for the period 1 to 12 December 1945; however, the document is absent an entry for any pay for awards.  In addition, the applicant certified this final payment document by affixing his signature to the document.

5.  The applicant's available military service records contain a WD AGO 
Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  This document shows that he was inducted on 26 February 1943 and entered into active service on 6 March 1943.  Item 6 (Organization) shows the applicant was assigned to Company B, 52nd Armored Infantry Battalion, and item 30 (Military Occupational Specialty and Number) shows he held MOS 761 (Scout).  Item 36 (Service Outside Continental U.S. and Return) shows the applicant departed the U.S. for the European theater of operations (ETO) on 31 January 1944, arrived in the ETO on 11 February 1944, departed the ETO on 1 August 1945, and returned to the U.S. on 15 August 1945.  Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.  Item 33 (Decorations and Citations) shows the applicant was awarded the Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal, and World War II Victory Medal.  Item 34 (Wounds Received in Action) contains the entry "None."  This document also shows that the applicant was honorably discharged on 12 December 1945 after completing 1 year, 2 months, and 24 days of continental service; 1 year, 6 months, and 15 days of foreign service; and 2 years, 9 months, and 17 days of longevity for pay purposes.  In addition, the applicant certified his discharge document by affixing his signature to the document.

6.  The applicant's available military service records contain a copy of Headquarters, 393rd Engineer Construction Battalion, Fort Belvoir, Virginia, letter, dated 13 March 1946, subject:  Battle Participation Awards.  This letter shows that the first lieutenant serving as Personnel Officer, 393rd Engineer Construction Battalion, confirmed the applicant's entitlement to battle participation awards while a member of the 393rd Engineer General Service Regiment (redesignated as the 393rd Engineer Construction Battalion as of 7 December 1945), in pertinent part, for his participation in the Normandy campaign (from 6 June to 24 July 1944) and Northern France campaign (from 25 July to 14 September 1944).

7.  The applicant's military service records contain a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 10 July 1985.  This document shows that the lieutenant colonel serving as Assistant Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, verified that the applicant was authorized the following awards:  Bronze Star Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 1 silver service star, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and Honorable Service Lapel Button (World War II).

8.  There is no evidence in the applicant's available military service records that shows he was awarded the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart.  It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action.  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.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because he was wounded or injured during World War II in Germany sometime between 7 and 17 March 1945 or between 14 and 20 May 1945 and treated by a field medic; however, the medic who treated him was killed in action and, as a result, there is no record of this medical treatment.

2.  The Army regulatory guidance governing the criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

3.  There is no evidence in the applicant's available military service records that shows the applicant was injured or wounded in action, that such injury or wound required treatment by medical personnel, or that medical treatment for such an injury or wound was made a matter of official record.  In addition, the applicant's WD AGO Form 53-55 does not show he was wounded in action or that he was awarded the Purple Heart.

4.  The sincerity and authenticity of the applicant’s comments in his writings are not in question.  However, based on the available evidence, there is insufficient evidence upon which to base award of the Purple Heart to the applicant in this instance.  Therefore, in view of the foregoing, there is no basis for correcting the applicant's military service records to show award of the Purple Heart.

5.  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 this 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)                                         AR20090000615



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ABCMR Record of Proceedings (cont)                                         AR20090000615



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