IN THE CASE OF:	  

		BOARD DATE:	       23 JUNE 2009

		DOCKET NUMBER:  AR20090004039 


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 that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured in Italy (concussion) and hospitalized in Italy.  He was sent to North Africa for recuperation of his injuries and was never presented with any documents to document the event. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), Honorable Discharge Certificate, WD AGO Form 100 (Separation Qualification Record), and an undated newspaper article. 

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 (NPRC) 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 was born on 12 September 1921 and was inducted into the Army of the United States on 15 August 1942.  He entered active duty at Fort Sheridan, Illinois on 29 August 1942.  He completed his training and he was awarded military occupational specialty (MOS) 677 (military policeman).  On
2 April 1943, he departed the New York port of embarkation with the 36th Infantry Division bound for the European Theater of Operations (ETO).  He arrived in North Africa on 13 April 1943, where the division underwent training until it saw its first action at Salerno on 9 September 1943.

4.  In December 1943, the applicant was admitted to the station hospital in Italy with a sole diagnosis of Psychoneurosis, anxiety.  He was hospitalized for 37 days and it was noted that there was no history of prior disease, injury, or battle casualty.

5.  He departed the ETO on 12 December 1944 and was transferred to Fort Sheridan, Illinois.  In February 1945, he was admitted to the station hospital at Fort Sheridan with a diagnosis of cellulitis (toes) and Encephalopathy, post-traumatic.  He was hospitalized for 9 days. 

6.  On 9 November 1945, he was honorably discharged in the rank/grade of private first class (PFC)/E-3.  He had served 3 years, 2 months, and 10 days of total active service and his WD AGO Form 53-55 reflects that he was awarded the Combat Infantryman Badge, World War II Victory Medal, American Theater Ribbon, European-African-Middle Eastern Theater Ribbon with 1 bronze service star, and Good Conduct Medal.

7.  In block 34 of that form, under "Wounds Received in Action" is the entry "NONE."  The applicant authenticated that form with his signature and right thumb print.

8.  A review of the available records fails to show any indication that the applicant was wounded or injured as a result of enemy action.



9.  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.  While the sincerity of the applicant's claim that he was injured as a result of enemy action during World War II is not in doubt, the passage of time (60+ years) coupled with the loss of his records in the 1973 fire at the NPRC, makes it difficult at best to determine what happened in his case.

2.  Unfortunately, the applicant has not provided and the reconstructed records do not contain sufficient evidence to show that he was wounded/injured as a result of enemy action and that the treatment was made a matter of record.

3.  The applicant's contentions and supporting documents have been noted; however, they are not sufficient to substitute for official records.

4.  Therefore, in the absence of such evidence, it must be presumed that what the Army did at the time was correct.  Accordingly, there appears to be no basis to award him the Purple Heart at this time.

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 the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20090004039



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ABCMR Record of Proceedings (cont)                                         AR20090004039



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