IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100017430 


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.  He also requests the issuance or replacement of military service medals, decorations, and awards.

2.  The applicant states he served in military occupational specialty (MOS) 776 (Radio Operator Low Speed) during World War II (WWII).  He served in Italy from 13 September 1943 to 22 September 1945 and was assigned to Fifth Army.  He and other Soldiers were later assigned to the Psychological Warfare Branch of the British Eighth Army and he had a security clearance.  On or about May 1944, he was in Vostow or Bostow working with the British when they came under air attack to hit the British ammunition dump.  He suffered a shrapnel wound to his left arm and a concussion.  He was treated by a British doctor, but he never received the Purple Heart.  He still has the shrapnel metal in his arm.  He was later admitted to the U.S. Army hospital around April 1945 because of poisoning in his left arm.  He remained in a serious condition until the war ended.  It was pretty evident the poisoning was a result of his wound.  He believes his Purple Heart was overlooked because he was treated by the British.

3.  The applicant provides copies of the following documents:

* his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), dated 16 October 1945
* his WD AGO Form 100 (Army Separation Qualification Record), dated 16 October 1945
* his Honorable Discharge Certificate, dated 16 October 1945
* travel orders, dated 26 April 1945, issued by the Psychological Warfare Branch, Main Headquarters, Eighth Army
* a letter, dated 18 September 1944, issued by the Psychological Warfare Branch, Eighth Army, subject:  Transportation - Repairs

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 his 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 30 March 1943 and entered active duty at Jefferson Barracks, MO, on 6 April 1943.  This form also shows that at the time of his separation, he held MOS 776 and he was assigned to the 14th Machine Record Unit.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 13 September 1943 and arrived in the European theater of operations (ETO) on 8 October 1943.  He departed the ETO on 22 September 1945 and arrived back in CONUS on 8 October 1945.

5.  He completed 5 months and 21 days of continental service and 2 years and 26 days of foreign service.  He was honorably separated on 16 October 1945.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rome-Arno, North Apennines, Po Valley, and Naples-Foggia campaigns during his service in WWII.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, and four overseas service bars.  Item 33 does not show award of the Purple Heart.

8.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

9.  The applicant submitted the following documentary evidence in support of his request:

	a.  a copy of travel orders issued by the Psychological Warfare Branch of Eighth Army on 24 April 1945 authorizing him to proceed on 24 April 1945 to the Psychological Warfare Branch, Unit 14, for the purpose of accomplishing his assigned mission (joining new station);

	b.  a copy of a letter, dated 18 September 1944, subject:  Transportation - Repairs, wherein the adjutant of the Psychological Warfare Branch authorized the applicant, as the driver of a 3/4-ton vehicle, to have it towed to Rome for repair due to lack of parts of American vehicles in that area; and

	c.  a copy of travel orders, dated 26 April 1945, authorizing the applicant transportation on or about 26 April 1945.

10.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends he should be awarded the Purple Heart.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

3.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  The applicant's assignment to the Psychological Warfare Branch of the British Eighth Army during WWII is not in question.  However, notwithstanding his sincerity, there is no evidence in his record that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

5.  With respect to the issuance of replacement medals, the ABCMR corrects records, it does not issue medals.  For Army personnel, requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the National Personnel Records Center which will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  The online eVetRecs (http://www.archives.gov) site is preferred for requesting medals and awards.  However, a veteran may also submit a Standard Form 180 to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO  63132-5100, with appropriate supporting evidence.


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 the applicant 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)                                         AR20100017430



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ABCMR Record of Proceedings (cont)                                         AR20100017430



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