IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100026952
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 sustained a hernia, on 28 January 1945, when he was slammed down hard into the ground after being picked up by the blast from a German artillery shell. He was evacuated to a field hospital in Bastogne, Belgium, then to Paris, to Wales, and to England. The doctor who operated on him was Captain Morrow. He was offered a chance to go to Officer Candidate School but he chose to go back to the 4th Infantry Division.
3. The applicant provides no documentation to substantiate 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM'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 his records were lost or destroyed in that fire. However, sufficient information is available to render a full and impartial review.
3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he served on active duty from 12 November 1943 to 4 February 1946. He was honorably discharged as a Private First Class. He was awarded the American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, Good Conduct Medal, World War II Victory Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Honorable Service Lapel Button.
4. A DA Form 1577 (Authorization for Issuance of Awards), dated 26 November 2001, shows that all his awards, including the Bronze Star Medal based on the Combat Infantryman Badge and the Presidential Unit Citation, have been updated and reissued.
5. A health record research project, commonly referred to as the "SGO Files," involved transposing the 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. Searches of these files fail to show that the applicant was wounded or injured as a result of enemy action.
6. The Purple Heart was established by General George Washington at Newburgh, NY 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he sustained a hernia, on 28 January 1945, when he was slammed down hard into the ground after being picked up by the blast from a German artillery shell.
2. The applicant's service and sacrifice are gratefully acknowledged. Unfortunately, there is no available evidence to substantiate his request for award of the Purple Heart.
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 that 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) AR20100026952
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ABCMR Record of Proceedings (cont) AR20100026952
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