IN THE CASE OF:
BOARD DATE: 15 April 2010
DOCKET NUMBER: AR20090018050
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show the Purple Heart (PH).
2. The applicant states he served honorably as a rifleman in Normandy where he was wounded.
3. The applicant provides a WD AGO Form 53-55 and WD AGO Form 100 (Separation Qualification Record).
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 applicant's military record is 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. This case is being considered using reconstructed records, which primarily consist of the WD AGO Form 53-55 and WD AGO Form 100 provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 25 February 1943 and entered active duty on
4 March 1943. It also shows he served in the European Theater of Operations (ETO) from 25 May 1944 to 15 June 1945, and participated in the Normandy campaign.
4. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he earned the American Theater Ribbon, European-African-Middle Eastern Campaign Medal with 1 bronze service star, Army Good Conduct Medal, and the World War II Victory Medal. The PH is not included in the list of awards in item 33 and item 34 (Wounds Received in Action) contains the entry "None."
5. The applicant's WD AGO Form 53-55 also shows he held the rank of sergeant on the date of separation and this was the highest rank he attained while serving on active duty. It also shows he was honorably separated, on 28 February 1946, after completing a total of 2 years, 11 months, and 25 days of active military service.
6. The applicant's NPRC file contains only a WD Form 372A (Final Payment Work Sheet). There are no medical treatment records or Office of The Surgeon General Hospital Admission Record on file confirming the applicant was treated for a combat-related wound by medical personnel during World War II.
7. The WD AGO Form 100 provided by the applicant contains a comment in the summary of military occupations section that indicated he was wounded in combat.
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states in order to award a PH there must be evidence the wound for which the award is being made was received as a result of enemy action; the wound required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he was wounded in action at Normandy and as a result the PH should be added to his WD AGO Form 53-55 has been carefully considered. However, the evidence is not sufficient to support this claim.
2. By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action; the wound required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.
3. Although the WD AGO Form 100 provided by the applicant contains a comment indicating he was wounded in combat, this fact is not corroborated by any of the available evidence of record. There are no medical treatment records on file to show the applicant was treated for a combat-related wound by medical personnel during his active duty tenure. As a result, the regulatory burden of proof necessary to support award of the PH has not been met.
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 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) AR20090018050
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ABCMR Record of Proceedings (cont) AR20090018050
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