IN THE CASE OF:
BOARD DATE: 1 July 2009
DOCKET NUMBER: AR20090002699
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 is entitled to the award of the Purple Heart for the shrapnel wound he received in his left arm. He maintains that he was treated while in the field. He also states that he was a prisoner of war for 2 weeks. The applicant explains that he was a member of a small platoon and a lot of the Soldiers were killed by rocket launcher shrapnel. He adds that the rest of the platoon surrendered because they were outnumbered by German tanks. The applicant states that he was awarded the Bronze Star Medal, the Combat Infantryman Badge, and various medals for his heroic actions.
3. The applicant provides a copy of his Bronze Star Medal orders, WD AGO
Form 53-55 (Enlisted Record and Report of Separation), and a letter from the National Personnel Records Center.
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 Army Board for Correction of Military Records (ABCMR) 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 for the ABCMR to conduct a fair and impartial review of this case.
3. Records available to the Board show that the applicant was inducted into the Army of the United States on 30 August 1943. He served in the European theater from 27 May 1944 to 14 August 1945 and was honorably discharged on 6 November 1945.
4. Item 33 (Decorations and Citations) of the applicants WD AGO Form 53-55 confirms that he was awarded the Combat Infantry Badge and the Bronze Star Medal. Item 34 (Wounds Received in Action) lists "None."
5. There is no documentation in the available records which shows that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.
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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in World War II. Regrettably, in the absence of medical records supporting the applicant's contention, there is an insufficient basis for 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.
____________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) AR20090002699
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002699
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110000754
The applicant provides: * Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) awarding the Purple Heart to Private First Class (PFC) E____ R. H____ * a newspaper article showing award of the Purple Heart to PFC E____ R. H____ * a statement from PFC E____ R. H____ * two previously-submitted witness statements CONSIDERATION OF EVIDENCE: 1. Therefore, he is entitled to award of the Purple Heart and correction of his records to show his wound and this medal. As a...
ARMY | BCMR | CY2009 | 20090012967
The applicants military records are not available to the Board for review. The applicant contends that he was wounded in Luzon, Philippines in March or April 1945 and contemporaneous medical evidence of record shows he was wounded in action (shrapnel wound to right knee). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in March/April 1945 in the...
ARMY | BCMR | CY2002 | 2002077772C070215
The Board considered the following evidence: Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 23 February 1945 in the European Theater of Operations and correction of his military records to show this award. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this medal.
ARMY | BCMR | CY2006 | 20060002675C070205
Thomas M. Ray | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his wound was not recorded in his records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart, the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2014 | 20140016347
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. The applicant was a member of that platoon and during three major battles of that division.
ARMY | BCMR | CY2013 | 20130021515
He and his sergeant were wounded when a shell exploded sending him and his sergeant back into the trenches. The applicant provides Congressional correspondence and the following previously-considered and/or available documents: * Self-authored summary of service highlights * Letters from fellow Soldiers * Certificate showing another Soldier was awarded the Purple Heart * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * Honorable Discharge Certificate *...
ARMY | BCMR | CY2010 | 20100018686
Additionally, the WD AGO Form 106 (Request for Decoration and/or Citation) should be considered an official document since his records were destroyed in 1973. The applicant provides the following documents: * His previously-submitted WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 11 June 1946 * His previously-submitted WD AGO Form 106, dated 10 June 1946 CONSIDERATION OF EVIDENCE: 1. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the...
ARMY | BCMR | CY2013 | 20130013081
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her uncle, a former service member (FSM), be corrected to show the European-African-Middle Eastern Campaign Medal with four bronze service stars and Purple Heart. Her uncle stated that he was blown out of three tanks which have left him with a lifetime of problems with his arm and shoulder. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9...
ARMY | BCMR | CY2010 | 20100015319
He also requests item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 29th Infantry Division instead of the 769th Ordnance Light Maintenance Company. The applicant's military records are not available to the Board for review. In the absence of orders or other evidence of record showing that the applicant was injured and treated for wounds as a result of hostile action during World War II, the VA medical records provided by the...
ARMY | BCMR | CY2011 | 20110008451
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separations) to show awards of the: * Purple Heart * Bronze Star Medal * Prisoner of War (POW) Medal 2. His WD AGO Form 38, dated 5 December 1945 shows he suffered shrapnel wound to his right wrist on 21 October 1944 and that no medical treatment was available. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding two awards...