IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100016503 


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 received a shrapnel wound during combat in July 1944 while serving in France, he was treated in the field by a medic, and he chose to stay with his unit.

	a.  He states that his elbow became badly infected, swelled to the size of a baseball, and his arm was in a sling for about 5 weeks.  He adds that his crew helped him with his duties as a fire direction chief during this period.

	b.  He states he received a letter from the National Personnel Records Center (NPRC) that informed him unit histories are available, but they do not contain specific personnel records.  He also states he reviewed the unit history he received and found there were no photographs or descriptions of the dismal conditions during the five campaigns he participated in during World War II.

3.  The applicant provides a statement from a former high school classmate and veteran and a letter from the NPRC.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient available documents 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 15 October 1943 and he entered into active service on 5 November 1943.

4.  The applicant's WD AGO Form Number 24-C (Service Record) covering the period 15 October 1943 to 11 November 1945 shows he departed the United States on 3 May 1944, arrived in the European theater of operations (ETO) (England) on 15 May 1944, departed the ETO (France) on 2 July 1945, and arrived in the United States on 10 July 1945.

	a.  The Medals, Decorations, and Citations section shows he was awarded the European-African-Middle Eastern Campaign Medal with five bronze service stars, Army Good Conduct Medal, and World War II Victory Medal.

	b.  There is no evidence of an entry that shows he was wounded in action.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was honorably discharged on 11 November 1945.  He completed 10 months and 20 days of continental service; 1 year, 2 months, and 7 days of foreign service; and 2 years and 27 days for pay purposes.  It also shows in:

	a.  item 4 (Arm or Service) that he served in the Field Artillery;

	b.  item 6 (Organization) that he was assigned to Headquarters Battery, 29th Field Artillery Battalion;

	c.  item 30 (Military Occupational Specialty and Number) the entry "Fire Direction Chief, 645";

	d.  item 31 (Military Qualification and Date) the entry "None";

	e.  item 32 (Battles and Campaigns) that he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns;

	f.  item 33 (Decorations and Citations) the European-African-Middle Eastern Campaign Medal with five bronze service stars, Army Good Conduct Medal, and World War II Victory Medal; and

	g.  item 34 (Wounds Received in Action) the entry "None."

6.  There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

7.  In support of his application, the applicant provides the following documents:

   a.  A letter from Mr. F____ S____, dated 16 April 2010, states in pertinent part, "Shortly after we were discharged, [the applicant] told me about his being in combat with his arm in a sling for more than 2 months, due to a shrapnel wound in his elbow, and getting a Purple Heart was the furthest thing on [the applicant's] mind at that time."

   b.  An NPRC letter to the applicant, dated 13 May 2010, shows Mr. A____ C. P____, Assistant Core Manager, informed the applicant:

		(1)  Army rosters for 1944-1946 were destroyed in accordance with the General Records Schedule and are no longer available.

		(2)  Army historical records which contain unit histories may be on file at the U.S. Army Heritage and Education Center; however, unit histories do not normally include information about specific personnel, they show the unit's activities and participation during the war.

		(3)  No record was found to show the applicant was wounded or injured in action, or that he was given medical treatment for wounds or injuries received in action.

		(4)  At times medics attended to wounds in the field and no record was made of them.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart because he was wounded during combat in July 1944 while serving in France and treated in the field by a medic.

2.  The applicant's claim to the Purple Heart was carefully considered.

	a.  There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

	b.  The sincerity of the applicant's claim is not in question.  However, in order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	c.  There is no evidence in the applicant's available military service records to satisfy the strict requirements for award of the Purple Heart.  Moreover, the applicant's acknowledgement that there is no official record that he received medical treatment precludes award of the Purple Heart.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to 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 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)                                         AR20100016503



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ABCMR Record of Proceedings (cont)                                         AR20100016503



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