IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100000978
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:
* medical records for the treatment of his wounds cannot be located
* he served as an infantryman assigned to Company C, 11th Infantry Regiment, 5th Infantry Division, during World War II
* on 12 October 1944, he ran into enemy fire and was hit in his right chest by shrapnel while on a night intelligence reconnaissance patrol
* two fellow Soldiers administered first aid from their first aid packets because there were no medics assigned to night patrols
* he reported to the battalion medics for treatment when he returned to his unit and gave a full account of what caused his wound
* the two fellow Soldiers were the only witnesses and they were later killed in action
* he received the Bronze Star Medal for heroism for this mission
3. The applicant provides:
* letter, dated 13 October 2009, from the National Personnel Records Center in St. Louis, Missouri
* citation for the Bronze Star Medal for heroism
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
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 30 March 1943 and entered active duty on 6 April 1943. He served as an infantryman in the European theater of operations from 10 November 1943 through 13 July 1945 and was honorably discharged on 9 October 1945.
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. In support of his claim, the applicant provided a citation for the Bronze Star Medal for heroism on 12 October 1944 in France. The citation does not show he was wounded in action on that date.
7. 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.
DISCUSSION AND CONCLUSIONS:
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. The citation for the Bronze Star Medal for heroism on 12 October 1944 does not show he was wounded in action on that date. Regrettably, there is insufficient evidence on which to base award of 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) AR20100000978
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ABCMR Record of Proceedings (cont) AR20100000978
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