IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100022189 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show awards of the Purple Heart and Silver Star.

2.  The applicant states he has been trying to get his Purple Heart and Silver Star for years.

3.  The applicant provides a self-authored statement, his WD AGO Form 53-55, an Honorable Discharge Certificate, and a copy of newspaper articles.

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 reconstructed record contains a copy of his original WD AGO Form 53-55.  His records show he was inducted into the Army of the United States on 1 March 1943 and he held military occupational specialty (MOS) 566 (Duty Noncommissioned Officer).  His branch of service was infantry and it shows he also held a combat infantryman MOS during his service.

4.  He served in the European theater of operations from 14 August 1944 to 3 July 1944 while assigned to Company A, 121st Infantry.

5.  On 22 October 1945, he was honorably discharged in the rank/grade of first sergeant/E-8.  

6.  The WD AGO Form 53-55 he was issued shows the following entries:

* block 33 (Decorations and Citations) – European-African Middle Eastern Campaign Medal with three bronze service stars and the Bronze Star Medal
* block 34 (Wounds Received in Action) – "None"

7.  There are no orders in the available record to show he was awarded the Purple Heart or the Silver Star.

8.  In a self-authored statement the applicant states that in November 1944 during a battle in Huertgen Forest, Germany, he was hit with shrapnel when a shell hit a tree and he received wounds in the head, hands, leg, and back.  He was treated at the field hospital and hospitalized for 3-4 days, then he was returned to duty.  His captain told him the wounds were not bad enough for the applicant to be returned to the United States, but that the applicant would be put in for a Purple Heart.  He states he is enclosing an article [from his hometown newspaper] that states he was missing in action.  However, he was not captured by the Germans or missing in action, he was hospitalized at the field hospital.

9.  The applicant also provides a copy of a newspaper article, undated, wherein it states, "The bravery of Staff Sergeant [applicant] was revealed by Army men who told how he and his men were pinned down by machine gun fire when he 


secured three tanks and led them in position capturing five machine gun nests and fifteen Germans.  This made it possible for his platoon to continue the advance and for his gallantry he was awarded the Silver Star."

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the reconstructed records that shows the applicant was awarded the Silver Star.  The governing Army regulation states that for personal decorations (which include the Silver Star) formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders, there is insufficient evidence to correct his record to show the Silver Star.

2.  Additionally, there is no evidence in his reconstructed records and he did not provide any conclusive evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.  Notwithstanding his sincerity, in the absence of documentary evidence, there is no basis for granting the applicant's request for correction of his record to show the Purple Heart.

3.  Nevertheless, 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.



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 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)                                         AR20100022189



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ABCMR Record of Proceedings (cont)                                         AR20100022189



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