IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100017340
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 to be awarded the Purple Heart for wounds sustained during World War II.
2. The applicant states he and his brother were assigned to different batteries in the 131st Field Artillery Regiment. Together they were sent to Italy. Near Casino, the applicant was caught out in the open during an airstrike. He was hit by shrapnel. He pulled a piece of metal from his thigh, but he had to go to the medic because of the bleeding. When the medic began filling out a treatment card, the applicant asked him if his parents would be notified of his wound. He did not want his parents to be so notified because they had already been notified of his older brother's wounds. He asked the medic to tear up the card, which the medic did. Now he would like to have the Purple Heart and to have his military records show this award.
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for service in the U.S. Air Force, WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), National Archives and Records Administration Form 13038 (Certification of Military Service), and a letter of support from his brother.
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 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's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 May 1943 and entered active duty on 20 May 1943. He was honorably discharged on 7 December 1945. It also shows in:
a. item 32 (Battles and Campaigns) Rome Arno, Southern France, Rhineland, Central Europe;
b. item 33 (Decorations and Citations) Army Good Conduct Medal, Bronze Star Medal; and
c. item 34 (Wounds) None.
4. The letter of support from the applicant's brother states they were in Italy at the same time during World War II and because of the proximity of their units, were able to make visits to each other. On one of those visits on the front line in Casino, Italy, the applicant told his brother about his getting hit with a piece of shrapnel when an enemy plane flew overhead.
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 was wounded in action during World War II and should be awarded the Purple Heart.
2. There are no general orders showing the applicant was awarded the Purple Heart. There are no available service medical records showing he received medical treatment for any wounds sustained as a result of enemy action.
3. Regrettably, as there is no official documentation to show the applicant was wounded or received treatment for wounds, there is insufficient evidence upon which to base award of the Purple Heart.
4. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant should be justifiably proud of his service in arms.
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) AR20100017340
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ABCMR Record of Proceedings (cont) AR20100017340
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