IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100029473
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 for deafness caused by an enemy shell blast during World War II.
2. The applicant states that in accordance with Army Regulation 600-8-22 (Military Awards) the Purple Heart is awarded for concussion injuries caused as a result of enemy generated explosions.
3. The applicant provides a:
* WD AGO Form 40 (Certificate of Disability for Discharge)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* WD AGO Form 8-33 (Clinical Record Brief)
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 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 available records show he was inducted into the Army of the United States on 2 February 1943 and he held military occupational specialty
821 (Supply Noncommissioned Officer).
4. He served in the European theater of operations from 8 January 1944 to 8 May 1945 while assigned to the 634th Quartermaster Company.
5. On 14 October 1945, he was honorably discharged by reason of disability. Item 33 (Decorations and Citations) of the WD AGO Form 53-55 he was issued shows the European-African Middle Eastern Campaign Medal with three bronze service stars and the Army Good Conduct Medal.
6. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "Germany - 17 March 1945."
7. The applicant provides a WD AGO Form 40, dated 12 October 1945, wherein it shows he was found unfit for military service due to bilateral deafness due to an enemy shell blast in Luxembourg, in October 1944. Item 7A (Date Became Unfit for Duty) shows the entry "17 March 1945."
8. Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.
9. Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received an injury as a result of enemy action in Luxembourg in October 1944 which rendered him unfit for military service on 17 March 1945. Therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award.
2. He served during a qualifying period for award of the World War II Victory Medal. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Purple Heart for injuries received due to hostile action in Luxembourg in October 1944; and
b. adding to item 33 of his WD AGO Form 53-55 the Purple Heart and the World War II Victory Medal.
_______ _ __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) AR20100029473
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ABCMR Record of Proceedings (cont) AR20100029473
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