IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090009860
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 received wounds in combat in Germany in April 1945. He contends that the request for the Purple Heart was made during his separation process from the Army. He was told the award would be sent to him at his home, but he never received the award or a denial of such award.
3. The applicant provides copies of a WD AGO Form 106 (Request for Decoration and/or Citation); his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a letter from his son to a Member of Congress, dated 10 February 2009; and correspondence from a Member of Congress, dated 14 August 2009 and 6 October 2009, in support of his application.
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 was inducted into the Army of the United States on 28 April 1944. He served in the European theater of operations from 6 February 1945 to 28 May 1946 and was honorably discharged on 11 June 1946.
4. The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of his WD AGO
Form 53-55 shows the entry, "none."
5. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. The applicant provided a WD AGO Form 106, dated 10 June 1946, in support of his claim for award of the Purple Heart. This form states, in pertinent part, the applicant's hand was hit by shrapnel near Bayreuth, Germany, in combat in April 1945 and that he was given first aid in the field.
7. 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:
There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action during World War II. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action during World War II, the WD AGO Form 106 provided by the applicant is not sufficient as a basis for an award of the Purple Heart. Regrettably, there is insufficient evidence on which to award 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) AR20090009860
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009860
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090021484
The applicant provides a copy of his previously-submitted WD AGO Form 106, dated 10 June 1946, and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 11 June 1946, in support of his request. The applicant submitted a copy of a WD AGO Form 106, dated 10 June 1946, that shows his personnel records at the time contained no evidence of authorization for award of the Purple Heart but a claim was made for this award due to shrapnel wounds to his hand near Bayreuth,...
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 | CY2009 | 20090008731
The FSM's service record is not available for the Board's review. Notwithstanding the entry on his WD AGO Form 53-55 for the period ending 31 October 1945, the evidence shows that the FSM was hospitalized on two occasions - once to receive treatment for the gunshot wound he accidentally received and the second time for repair of an inguinal hernia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...
ARMY | BCMR | CY2009 | 20090005676
The applicant provides a letter from the Department of Veterans Affairs (DVA), dated 17 November 2008; his Honorable Discharge Certificate, dated 20 March 1946; his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and his WD AGO Form 100 (Separation Qualification Record ) in support of his application. The applicants military records are not available to the Board for review. It further states that injuries or wounds which clearly do not justify award of the Purple Heart...
ARMY | BCMR | CY2012 | 20120000286
The applicant's records are not available to the Board for review. His service medical records are not available for review with this case. Regrettably, notwithstanding the applicant's sincerity, in the absence of additional documentation, such as a report of medical examination, repatriation physical, witness statements, morning reports, or other documentary evidence that conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated...
ARMY | BCMR | CY2009 | 20090004168
He feels that the injury to his knee was a direct result of hostile action which should entitle him to the Purple Heart. However, there is insufficient evidence to grant him the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, there is insufficient basis for awarding the Purple Heart to the applicant in this case.
ARMY | BCMR | CY2010 | 20100015287
The applicant, the son of the former service member (FSM), requests that his father be awarded the Purple Heart for being wounded in combat on 16 December 1944 and correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 23 June 1945 to show award of the Purple Heart and all awards and decorations earned. The FSM's military records are not available to the Board for review. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100029473
The applicant's military records are not available to the Board for review. The evidence of record shows the applicant received an injury as a result of enemy action in Luxembourg in October 1944 which rendered him unfit for military service on 17 March 1945. 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 injuries received due to hostile action in Luxembourg in October 1944; and b....
ARMY | BCMR | CY2008 | 20080018304
IN THE CASE OF: BOARD DATE: 17 MARCH 2009 DOCKET NUMBER: AR20080018304 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant, as the son of a deceased former service member (FSM), requests that his late fathers WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Purple Heart, the European-African-Middle Eastern Campaign Medal with three bronze service stars, and the...
ARMY | BCMR | CY2009 | 20090002219
Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. The medical evidence of record which shows the applicant was hospitalized on 15 April 1945 in the...