IN THE CASE OF:	  

		BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090006501 


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 was wounded in action multiple times but was never awarded the Purple Heart.  Specifically, he was wounded in his left leg below the knee during the Battle of the Bulge; lower left leg during battle at the Erf Canal; head and above the left ear during battle at the Remagen Bridge; and lower right leg during battle at the Danube River.  He also had frozen feet while in a foxhole at the Sigfried Line, suffered a hearing loss during an attack; and had tinnitus. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), a copy of his WD AGO Form 100 (Separation Qualification Record), a copy of his Honorably Discharge Certificate, dated 6 March 1946; a copy of a certificate, dated 23 May 1989, awarding him the Bronze Star Medal; and a copy of a letter, dated 14 February 2009, describing the events that led to each injury.

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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 May 1943 and entered active duty in Cuyahoga, OH, on 26 May 1943.  This form also shows that at the time of his separation, the applicant held military occupational specialty 745 (Messenger) and was assigned to Company F, 395th Infantry, 99th Division.

4.  The applicant’s WD AGO Form 53-55 shows he departed the United States on 20 September 1944 and arrived in England and ultimately the European-Theater of Operations (ETO) on 10 October 1944.  He departed the ETO on 19 February 1946 and arrived back in the United States on 1 March 1946.  He completed 1 year, 4 months, and 8 days of continental service and 1 year, 5 months, and 3 days of foreign service.  He was honorably separated on 6 March 1946.

5.  Item 31 (Military Qualifications and Date) of the applicant’s WD AGO 
Form 53-55 shows he was awarded the Combat Infantryman Badge.

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Rhineland, Ardennes, and Central Europe campaigns during his service in World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded the Good Conduct Medal, the American Theater Ribbon, the World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Purple Heart.

8.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 contains the entry "None."


9.  On 23 May 1989, the applicant was issued a certificate awarding him the Bronze Star Medal for meritorious achievement in ground combat operations during WWII in the EAME Theater of Operations.

10.  The applicant submitted a copy of a letter, dated 2 February 2009, in which he describes the events that led to each injury as follows:

	a.  he was wounded during the Battle of the Bulge when a bullet or shrapnel hit his left leg below the knee causing a gouge and that blood was absorbed by his clothing.  The medics looked at his wound and applied a bandage to his leg; 

	b.  he was wounded during a battle at Erf Canal, located 10 miles from the Rhine River, when his platoon had to jump over the 10-foot deep canal after the enemy had pinned the platoon down except for the radio staff sergeant and two messengers including himself.  After an allied plane bombed the enemy, the platoon retreated and moved into the woods the next morning.  As the area was flooded, he asked his platoon leader to move into the highway and as he ran back to the rear guard, enemy rocket fire exploded around him and a fragment of one of the rockets hit his left leg.  The medics subsequently bandaged his wound;

	c.  he was wounded during a battle at the Remagen Bridge, a battle that involved many casualties.  He and other members of the platoon were lined up in the woods awaiting chow when enemy fire was directed at the area.  His helmet was shot off his head and a bullet struck his head just above his left ear.  There was some bleeding but mainly suffered a large bump that was formed by the swelling; and

	d.  he was wounded during battle at the Danube River while crossing into Austria as the enemy fired their automatic weapons into the platoon's overloaded boats.  While he was helping shove one of the boats into the river and after watching several comrades being killed, and as he and others were retreating, the enemy continued to fire at the remaining retreating men when a bullet struck his right leg in the lower muscle.  

11.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.
12.  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.  Substantiating evidence must be provided to verify that 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:

1.  The applicant’s contention that he should be awarded the Purple Heart for multiple injuries during WWII and the evidence he submitted was carefully considered.  However, there is insufficient evidence to grant him the Purple Heart in this case.

2.  The applicant's service during WWII and sincere personal chronicles and recollection of events are not in question.  However, chronicles of events, which were prepared and/or are submitted more than 60 years after the fact, do not by themselves conclusively prove the applicant was wounded or injured as a result of hostile action.  

3.  There is no evidence in his reconstructed records that 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 action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

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 him 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)                                         AR20090006501



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ABCMR Record of Proceedings (cont)                                         AR20090006501



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