IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100007585
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 that on 6 June 1944, he crashed into a masonry structure in an English "Horga" glider towed by a C-47 transport plane during the initial assault in Normandy on "D" day and as a result of the crash he tore a hole in his pants with a section of plywood penetrating his left leg. He taped his leg with his first aid kit and when the medics arrived he refused to be evacuated because he would lose his outfit and be assigned to another company. As a result, there are no records to verify his injury.
3. The applicant provides in support of this application a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), a copy of a picture of himself in uniform, and an information paper on the 82nd Airborne Division during World War II.
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 records are not available 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 to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 indicates that:
a. he was inducted into the Army of the United States on 2 November 1942 and entered active duty service on 14 November 1942;
b. he was assigned to the 82nd Signal Airborne Company and served in the European-African-Middle Eastern (EAME) theater of operations from 10 May 1943 to 1 November 1945;
c. he participated in the Sicily, Naples Foggia, Normandy, Rhineland, Ardennes, and Central Europe campaigns and was awarded the Good Conduct Medal, Distinguished Unit Badge, EAME Theater Campaign Ribbon with bronze service arrowhead, Belgian Fourragere, and the World War II Victory Medal;
d. he did not receive any wounds while in action; and
e. he was honorably discharged on 16 November 1945 in the rank of technician five.
4. There is no evidence in the available records that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.
5. 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to the Purple Heart as a result of the crash in a glider during the initial assault in Normandy on "D" day.
2. There is no evidence in the available records and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action. Medical treatment is required, and the applicant acknowledged he refused to be evacuated and as a result there are no records to verify his injury.
3. Even if records documenting his injury were available, it would also be required to document that his injury was a result of hostile action and not as a result of an accident which may have been caused by mechanical or pilot error and not by a hostile opposing force.
4. 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:
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 him 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) AR20100007585
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