BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023244 


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, in effect, the Purple Heart should be included on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

3.  The applicant provides:

* his WD AGO Form 53-55
* his Honorable Discharge Certificate

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 29 April 1943 and entered active duty in Boston, MA, on 6 May 1943.  This form also shows that at the time of his separation, he held military occupational specialty 405 (Clerk Typist) and he was assigned to the 25th Regulating Station.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 8 June 1944 and he arrived in the European Theater of Operations (ETO) on 5 July 1944.  He departed the ETO on 22 December 1945 and arrived back in CONUS on 3 January 1946.

5.  He completed 1 year, 1 month, and 9 days of continental service and 1 year, 6 months, and 26 days of foreign service.  He was honorably discharged on 10 January 1946.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns during his service in World War II.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal, World War II Victory Medal, and the American Theater Campaign Ribbon.

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

9.  His service medical records are not available for review with this case.

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 by medical personnel, 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 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.

2.  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.

3.  The applicant's service and his participation in multiple campaigns during WWII are not in question.  However, notwithstanding his sincerity, there is no evidence in his reconstructed record and he did not provide any evidence that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent such evidence, there is insufficient basis for awarding the Purple Heart to the applicant in this case.


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)                                         AR20100023244



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ABCMR Record of Proceedings (cont)                                         AR20100023244



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