IN THE CASE OF:	  

		BOARD DATE:	    17 March 2011

		DOCKET NUMBER:  AR20100022323 


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 was injured with shrapnel on the left side of his face on 17 January 1945 and he should have received the Purple Heart.  He states he was hospitalized from 23 January to 25 April 1945 at "#202 Sattville, France."  He further states his injury was ignored during discharge processing and he would like it rectified with award of the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

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 that 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, including the applicant's WD AGO Form 53-55 that he provided. 

3.  The available evidence of record shows the applicant was inducted into the Army of the United States on 21 September 1943 and he entered active duty on 12 October 1943.  He completed basic combat training.

4.  The applicant served in the European Theater of Operations (ETO) from 31 May 1944 to 24 February 1946.  He served in the following four campaigns:

* Naples-Foggia (9 September 1943 – 21 January 1944) 
* Rome-Arno (22 January – 9 September 1944)
* Southern France (15 August – 14 September 1944)
* Rhineland (15 September 1944 – 21 March 1945)

5.  On 12 March 1946, the applicant was honorably discharged by reason of demobilization.  He received a WD AGO Form 53-55 upon his discharge that shows in:

	a.  item 33 (Decorations and Citations) the European-African-Middle Eastern Campaign Medal with four bronze service stars, Army Good Conduct Medal, and the World War II Victory Medal.

	b.  item 34 (Wounds Received in Action) the entry "None."

6.  Within the applicant's available medical service record are two clinical records that show he was exposed to the elements from 1 January to 23 January 1945 near Saarebourg, France.  Based on his exposure, he was diagnosed with bilateral trench foot and hospitalized.  His clinical record from the 202nd General Hospital shows this medical condition was categorized as a non-battle injury.  He also incurred a second injury when a piece of wood fell on his head at the Red Cross station on 1 March 1945 and he was treated for this non-battle injury.

7.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to 


the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95% of all combat casualty hospital admissions.

8.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer.  This regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 medical personnel, and the medical treatment must have been made a matter of official record.  An example of an injury which does not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.  Frostbite or trench foot injuries were also examples of injuries or wounds which clearly do not justify award of the Purple Heart

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows no combat wounds were recorded on his separation document.  

2.  The requirement for award of the Purple Heart is that a Soldier must have been wounded as a result of hostile action, the Soldier must have been treated by medical personnel, and the medical treatment must have been documented in medical records.  His available medical records show he was diagnosed with trench foot, a non-combat injury, and hospitalized.  In addition, he incurred a second non-battle injury when a piece of wood fell on his head.


3.  There is insufficient evidence to show the applicant sustained shrapnel wounds to his face as a result of hostile action.  As he was not treated for a combat injury, there is no basis for awarding him the Purple Heart.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100022323



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ABCMR Record of Proceedings (cont)                                         AR20100022323



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