IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029339
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 and correction of his records to show this award.
2. The applicant states he was injured in his foot by shrapnel and it was discovered after being treated for frozen feet at an Army hospital.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Record Center in 1973. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of his case.
3. The record shows the applicant was inducted into the Army of the United States on 16 July 1943 and entered active duty on 6 August 1943. He completed basic combat and advanced individual training and was awarded military occupational specialty 7604 (Machine Gunner).
4. On 31 December 1945, the applicant was discharged in the rank of private first class after completing 1 year, 5 months, and 15 days of continental service and 1 year and 1 day of foreign service.
5. The applicant's WD AGO Form 53-55 shows he served in the European theater of operations from 28 August 1944 through 15 August 1945.
6. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 is blank.
7. The applicant's official military personnel file is void of any orders or documents that indicate he was ever awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical records showing he was ever wounded in action or treated for a wound received as a result of enemy action.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action. It also states that in order to award the Purple Heart there must be evidence to show the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the Purple Heart has been carefully considered. However, the evidence of record and independent evidence submitted by the applicant fails to support this request.
2. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by military medical personnel, and this medical treatment must have been made a matter of official record.
3. The record contains no medical treatment records or other documents that confirm the applicant was ever wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the European theater of operations. The regulatory burden of proof necessary to support award of the Purple Heart has not been met. Therefore, regrettably, it would not be appropriate to award the applicant the Purple Heart.
4. The applicant and all others concerned should know this action related to award of the Purple Heart in no way diminishes the sacrifices made by him 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) AR20100029339
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ABCMR Record of Proceedings (cont) AR20100029339
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