IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100014841
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:
* He should have been awarded the Purple Heart due to an injury he sustained in the Battle of Cologne during World War II
* He was with the 86th Artillery Division during World War II (Blackhawks)
* During the Battle of Cologne his convoy came under attack during the period 6 March to 4 April 1945
* At the time he believed he was fine as he only had a small cut on his forehead above his left eye
* He never saw a medic or had any problems
* In 2003 when he had an x-ray taken after a blackout a piece of metal was discovered in his forehead above his left eye
* He has suffered from vertigo for years
3. The applicant provides:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* Two radiology reports
* VA Form 21-4138 (Department of Veterans Statement in Support of Claim)
* Letter, dated 24 September 2010, from a Member of Congress
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 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 applicants 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 8 January 1943. He served in the European Theater of Operations from 2 March 1945 to
8 June 1945 and he served in the Asiatic-Pacific Theater of Operations from
16 September 1945 to 30 January 1946. He was honorably discharged on
24 February 1946.
4. The applicants 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 two radiology reports, dated
29 September 2003 and 21 December 2004. These reports state CT [computed tomography] head x-rays show there is a small metallic foreign body in the lower medial aspect of the left globe. However, there is no evidence this metallic foreign body is the result of hostile action.
7. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows that the applicant was wounded as a result of hostile action during World War II. As he acknowledged, he was never seen by a medic. In the absence of orders or other evidence of record showing that the applicant was injured and treated for wounds as a result of hostile action during World War II, the radiology reports provided by the applicant are not sufficient as a basis for award of the Purple Heart. 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) AR20100014841
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014841
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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