IN THE CASE OF:
BOARD DATE: 25 February 2010
DOCKET NUMBER: AR20090013433
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, the son of a deceased former service member (FSM), requests that his fathers records be corrected to reflect two awards of the Purple Heart.
2. The applicant states the FSM had several bullet wounds but his discharge examination only lists the wound to his left leg. The applicant states the FSM also sustained a bullet wound to his shoulder and notes that his service record shows him as a prisoner of war (POW). The applicant states he has tried for years to get the FSM the recognition that he deserves and earned.
3. The applicant provides a copy of the FSM's discharge document and a copy of his discharge examination.
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 FSMs records were partially burned during the 1973 fire at the National Personnel Records Center. A copy of documents from the FSMs record which were rescued from the fire was provided to the Board as a means of conserving the fragile state of the FSMs original records. The documents are difficult to read but provided sufficient information on which to conduct a fair and impartial review of this case.
3. Documents available to the Board indicate the FSM was inducted and entered active duty in January 1943. He served in the European Theater of Operations between April 1944 and November 1945. Notations in the FSMs file indicate he initially arrived in Italy in April 1944 and then served in France before finally arriving in Germany in April 1945.
4. What remains of the FSMs physical examination, conducted in preparation for his release from active duty, notes on the first page that the FSMs left leg was treated at a hospital in Rome, Italy. The second page of that document notes the FSM was wounded in Italy in June 1944, that the wound was not considered disabling, and that he was treated for a shell fragment wound to his left shoulder in Belgium in December 1944. There were no medical records in the FSMs file relevant to the actual treatment for either wound.
5. On 18 November 1945, the FSM was honorably discharged. His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) does not reflect award of the Purple Heart, and item 34 (wounds received in action) reflects NONE.
6. There is no evidence available that shows the FSM was a POW.
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:
1. Although there are no medical records available to the Board related to the FSMs treatment of any wounds sustained as a result hostile action during World War II, the entries on his separation physical examination are sufficiently compelling to conclude the FSM was in fact wounded on two separate occasions while in the European Theater of Operations, once while in Italy in June 1944 and once while in Belgium in December 1944.
2. Based on the entries on the FSMs separation physical examination, it can reasonably be concluded the FSM was wounded twice while in the European Theater of Operations and in both instances the wound required treatment by medical personnel, and both wounds were made a matter of official record. In view of the foregoing, and in the interest of justice and equity, it would be appropriate to correct the FSMs records to show entitlement to two awards of the Purple Heart.
BOARD VOTE:
___X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding the FSM Purple Heart for wounds sustained in June 1944 while in Italy;
b. awarding him a second Purple Heart for wounds sustained in December 1944 while in Belgium;
c. deleting the word NONE from item 34 of his WD AGO Form 53-55 and replacing it with the statement leg wound, Italy, June 1944/shoulder wound, Belgium, December 1944; and
d. adding to his 1945 WD AGO Form 53-55 two awards of the Purple Heart.
_______ _ _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) AR20090013433
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ABCMR Record of Proceedings (cont) AR20090013433
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