BOARD DATE: 1 June 2010
DOCKET NUMBER: AR20090020705
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 records to show the second award of the Purple Heart for injuries received on 23 September 1944.
2. The applicant states he was treated at the same hospital by the same doctor for the same type of wounds on 23 September 1944 and 2 February 1945, and while he witnessed the doctor writing the award for the 23 September 1944 injury it is not listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge). He continues to state he wants his record corrected so he can show a second Purple Heart to his family and friends and add it to his obituary when he passes.
3. The applicant provides a copy of the FSM's WD AGO Form 53-55 and a self- authored statement in support of this 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 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 applicants military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. This review is based primarily on the applicants WD AGO Form 53-55.
3. The applicants WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 11 December 1942 and entered active duty on
18 December 1942.
4. The applicant's WD AGO Form 53-55 also shows in item 36 (Service Outside Continental U.S. and Return) that he served in the European Theater of Operations from 10 May 1943 to 6 September 1945.
5. Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in the Sicily, Naples-Foggia, Normandy, Rhineland, Central Europe, and Ardennes campaigns.
6. The applicants WD AGO Form 53-55 shows that on 19 September 1945 he was honorably discharged after completing a total of 2 years, 9 months, and 10 days of active military service. He was awarded the Combat Infantryman Badge, Glider Badge, European-African-Middle Eastern Theater Ribbon (now known as the EAME Campaign Medal) with six bronze service stars, Army Good Conduct Medal, Purple Heart and the Distinguished Unit Badge.
7. Item 33 (Decorations and Citations) of the applicants WD AGO Form 53-55 shows "Purple Heart per General Order Number 5, Headquarters, 325th Glider Infantry/45 and item 34 (Wounds) contains the entry "Germany, 2 February 1945" for wounds received in action. It does not show a second award of the Purple Heart.
8. The applicant provides a self-authored statement which states that he was on a combat mission when the glider landed in a plowed field and the runners under the glider got caught under the plowed up dirt resulting in him being thrown against the crash bar and injuring himself. He also states, in pertinent part, that on 2 February 1945 he was walking through the woods and fell into a deep hole the Germans made and reinjured the wounds he received when the glider crashed. He continues to state that although the doctor recommended Purple Hearts for both injuries, Lieutenant Colonel S--------n concluded that the glider incident was not the result of enemy action and denied the award.
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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant received orders for a Purple Heart for wounds received on 2 February 1945 while assigned to the 35th Glider Infantry. There is no evidence of record nor did the applicant provide any evidence which shows he was wounded by enemy action on 23 September 1944. The applicant states that the injuries he received on 23 September 1944 were the result of a glider landing and not enemy action which resulted in the disapproval of the award by the Lieutenant Colonel.
2. In the absence of evidence that shows he was wounded or injured as a result of hostile action on 23 September 1944, and treated for those wounds, there is no basis to award the applicant a second Purple Heart.
3. While the decision of the ABCMR in this case is not favorable, the applicant, his fellow veterans, and all others concerned should know that this action in no way diminishes the heroism and sacrifice made by him in his service to the United States of America.
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) AR20090020705
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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