IN THE CASE OF:	  

		BOARD DATE: 	        30 June 2009

		DOCKET NUMBER:  AR20090003945 


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, in effect, that he has no documents showing what happened to him, only his word and that of the officer who saw him pull the bloody bullet from his chest.  He also states that he believes the officer failed to report the incident because they were in the middle of a battle.  

3.  The applicant also states, in a letter dated 24 January 2009, in effect, that he is applying for the Purple Heart, based on an incident that occurred around March or April 1945.  He states that while they were attacking the German army, he felt a hot burning sensation in his chest.  The company officer saw a big hole in his jacket and asked him if he was alright.  He told the company officer that he thought so.  The bullet had gone through the mechanism of his M1 rifle and must have ricocheted off his rifle and gone through his jacket, a towel around his neck, his shirt, his k-rations, and stuck in his chest.  He pulled the bullet out and it was all bloody and red hot.  The officer saw this and due to the circumstances at that time, he evidently failed to report it.  They did not feel it was necessary to go to a hospital because they were in heavy combat at that time.  He does not remember the officer's name.  He kept the bullet as a souvenir and it was stolen from him on the way home on the ship.  He honestly believes that he earned and deserves a Purple Heart.



4.  In support of his application, the applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge). 

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 and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The available military records show the applicant was inducted into the Army of the United States, in pay grade E-1, on 21 July 1943 and entered active duty on 11 August 1943.  He completed training in military occupational specialty 745, rifleman.  He served overseas in the European Theater of Operations (ETO) from 26 February 1944 to 17 January 1946 with Company B, 318th Infantry, during three campaigns. 

4.  The applicant was honorably discharged from active duty, in the rank of private first class, on 22 January 1946, for the Convenience of the Government - Demobilization. 

5.  The entries on the applicant's WD AGO Form 53-55 do not show award of the Purple Heart.  Item 31 (Military Qualification and Date) lists the following award: the Combat Infantryman Badge.  Item 33 (Decorations and Citations) lists the following awards:  the European-African-Middle Eastern Theater Ribbon with three bronze service stars, the Good Conduct Ribbon, and the World War II Victory Medal.  Item 55 (Remarks) lists the Honorable Service Lapel Button.

6.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 shows the entry "None" to indicate the applicant was not wounded while he served in the ETO.  

7.  There are no orders in the applicant’s available records that show he was awarded the Purple Heart.  There is also no evidence in the available records to show that he was wounded or treated for wounds as a result of hostile action.  

8.  The applicant's records contain a hospitalization file listing (pages 197, microfiche 083), created by The Office of The Surgeon General and hospital admission cards for the year 1945 that shows while serving in the ETO the applicant was diagnosed with acute tonsillitis and contagious impetigo in April 1945 and November 1945, respectively.  He was hospitalized for 5 days in April 1945 and for 7 days in November 1945.

9.  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 the enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

The applicant’s contentions that the wound that he received in the chest in March or April 1945 should be used as a basis for award of the Purple Heart have been carefully considered.  However, there is no evidence of record to corroborate his contentions.  In addition, he acknowledged that he did not receive treatment.  Regrettably, without evidence that he was treated for wounds received as a direct result of enemy action and that the treatment was made a matter of official record, the applicant does not meet the regulatory requirement for award of the Purple Heart.  

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)                                         AR20090003945



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ABCMR Record of Proceedings (cont)                                         AR20090003945



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