BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018683 


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 be awarded the Purple Heart for wounds he suffered during World War II.  He was held prisoner by the Germans for approximately 6 months.  During this time he was starved, tortured, frozen, and made to remove live bombs.  He believes he deserves the Purple Heart for the physical and mental injuries he endured.

3.  The applicant provides no documentation in support of his request.

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 record is not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using a WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) in the applicant's reconstructed NPRC file.

3.  The applicant was inducted into the Army of the United States on 16 June 1943 and was separated honorably on 4 December 1945.

4.  his WD AGO Form 53-55 shows in:

* item 24 (Wounds Receive in Action) the entry "None"
* item 33 (Decorations and Citations) he received the World War II Victory Medal, European African Middle Eastern Ribbon with three Battle Stars, Combat Infantryman Badge (CIB), and the American Theatre Ribbon

5.  A review of the World War II Prisoners of War Data File maintained by the National Archives and Records Administration confirms he was a prisoner of war (POW) in Germany from on or about 3 October 1944 to on or about 24 May 1945.

6.  The record is void of documentation showing he was wounded while he was a POW.

7.  In 1986, the applicant was issued the Bronze Star Medal (BSM), based upon his award of the CIB.

8.  Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Section 521a of the National Defense Authorization Act of 1996 authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW or while being taken captive in the same manner as a former POW who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for POW's under section 521a shall be made in accordance with the standards in effect on the date of the enactment of this act to persons wounded on or after 25 April 1962.

10.  Review of his record shows he is entitled to awards not listed in item 33 (Decorations and Citations) of his WD AGO Form 53-55.  

11.  Army Regulation 600-8-22 states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive while engaged in an action against an enemy of the United States.

12.  Army Regulation 600-8-22 states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for award of the Purple Heart.

2.  The available documentation makes no reference to wounds he received while he was a POW.

3.  To award the Purple Heart requires documentation showing he received a wound that required medical treatment.  Unfortunately, in this case documentation confirming he was wounded is not available, and there is no basis for granting the requested relief.

4.  While there is insufficient evidence on which to base award of the Purple Heart, there is evidence to show the applicant met the eligibility criteria for award of the BSM based upon award of the CIB and for award of the POW Medal.  These awards should be added to his WD AGO Form 53-55.

5.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD) as outlined by the Board in paragraph 3 of the Board Determination/Recommendation section below.
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 this action in no way diminishes the sacrifices he made in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.

3.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD administratively correct his records by adding the POW Medal and BSM to item 33 of his WD AGO Form 53-55.




      ___________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)                                         AR20100018683



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ABCMR Record of Proceedings (cont)                                         AR20100018683



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