IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100021125
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 that he be awarded the Purple Heart.
2. The applicant states, in effect, while serving with the 447th Anti-Aircraft Aircraft Artillery (AAA) Automatic Weapons (AW) Battalion during World War II (WWII) a German tank shot a round into their position and he was knocked down by the blast and received an injury to his eye. He goes on to state that a medic from another unit treated him and asked him if he wanted a Purple Heart and he told him No. All he wanted was for the bleeding to stop. He continues by stating that he was a good Soldier. He declined to attend Officer Candidate School and now he desires to be awarded the Purple Heart that he is entitled to.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and copies of two letters and an affidavit he submitted in previous attempts to obtain award of the Purple Heart.
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 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 to conduct a fair and impartial review of this case.
3. The applicant was born on 19 April 1921 and he was inducted into the Army of the United States on 12 August 1942. He entered active duty at Fort Bliss, Texas on 25 August 1942.
4. He completed his training with the 447th AAA AW Battalion as an anti-aircraft crewman and departed for the European Theater of Operations (ETO) with his unit on 10 February 1944. He participated in the Normandy, Northern France, Ardennes, Rhineland and Central Europe Campaigns and was promoted to the rank of sergeant (SGT).
5. He returned to the United States on 4 August 1945 and he was transferred to Fort Bliss, where he remained until he was honorably discharged on
19 September 1945. He had served 3 years and 24 days of active service.
6. His WD AGO Form 53-55 shows no indication that he was awarded the Purple Heart. Item 24 (Wounds Received in Action) contains the entry None.
7. A review of the available records failed to show any indication that the applicant had been wounded in action by the enemy or that treatment had been made a matter of record.
8. 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded as a result of enemy action is not in doubt, there simply is no evidence present in either the evidence submitted with his application or the evidence of record to substantiate his claim.
2. Unfortunately, in the absence of evidence to show that he was wounded as a result of enemy action and that treatment was made a matter of record, there is insufficient evidence to award the applicant the Purple Heart some 60+ years after the fact.
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 the United States during World War II. 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) AR20100021125
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ABCMR Record of Proceedings (cont) AR20100021125
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