IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090021222 


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.  He also requests item 3 (Grade) and item 41 (Service Schools Attended) be corrected on his WD AGO 
Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  He further requests, in effect, correction of his medical records.

2.  The applicant states:

* he earned the Purple Heart for injuries to his chest from shrapnel and a superficial wound to his right heel in 1945 while fighting in the Argonne Forest
* at the time in question a doctor removed shrapnel from his chest and cleaned the minor gash on his heel
* medical records mailed to him are incorrect, it states he had three different pulmonary problems which is a complete fallacy
* he was never treated for pulmonary problems as indicated in his medical records
* after completion of the Basic Course in Combat Intelligence he was given the rank of sergeant and held this position until he was discharged

3.  The applicant provides:

* letter to the Army Review Boards Agency, St. Louis, Missouri, dated 9 November 2009
* letter from the National Personnel Records Center (NPRC), St. Louis, Missouri, dated 10 July 2008
* letter to NPRC, dated 12 March 2006
* WD AGO Form 53-55
* schedule for night patrol course
* training course memorandum
* 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 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 September 1944.  He served in the European theater of operations from 4 March 1945 through 13 July 1946 and was honorably discharged on 31 July 1946.

4.  Item 3 of the applicant's WD AGO Form 53-55 shows the entry "T/4" [technician four].  Item 33 (Decorations and Citations) of his 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."  Item 39 (Highest Grade Held) of his WD AGO Form 53-55 shows the entry "T/4."  Item 41 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.  There are no service medical records in the available records.

7.  There are no orders which show the applicant was promoted to sergeant.

8.  In support of his claim to amend item 3 of his WD AGO Form 53-55, the applicant provides the following documents which show his rank as sergeant:

* Honorable Discharge Certificate, dated 31 July 1946
* training memorandum, dated 2 November 1946
* WD AGO Form 100

9.  In support of his claim to amend item 41 of his WD AGO Form 53-55, the applicant provides a training memorandum, dated 2 November 1946, which states he successfully completed the Basic Course in Combat Intelligence.  He also provides a Schedule for Night Patrol Course.  It appears the Basic Course in Combat Intelligence is included in the 4-week Night Patrol Course.

10.  Army Regulation 600-8-22 (Military Awards) provides 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.

11.  War Department Technical Manual 12-235 (Enlisted Personnel - Discharge Procedures and Preparation of Separation Forms), in effect at the time, stated service schools at which a Soldier completed a course satisfactorily would be shown in item 41 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he earned the Purple Heart for injuries to his chest from shrapnel and a superficial wound to his right heel in 1945 while fighting in the Argonne Forest was noted.  However, 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.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  The applicant contends item 3 of his WD AGO Form 53-55 should be corrected to show his rank as sergeant.  However, there are no orders which show the applicant was promoted to sergeant.  In the absence of promotion orders, the documents provided by the applicant which show his rank as sergeant are insufficient as a basis for amending item 3 of his WD AGO 
Form 53-55.
3.  The evidence of record shows the applicant completed the 4-week Night Patrol Course which included the Basic Course in Combat Intelligence.  Therefore, it would be appropriate to correct item 41 of his WD AGO Form 53-55.

4.  Although the applicant contends his medical records are incorrect, there are no medical records available and the applicant did not provide any medical records.  Therefore, there is no basis for granting the applicant's request to correct his medical records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  _____X__  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 41 of his WD AGO Form 53-55 and replacing it with "Night Patrol Course."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart or amendment to item 3 of his WD AGO Form 53-55.



      ____________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)                                         AR20090021222



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ABCMR Record of Proceedings (cont)                                         AR20090021222



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