IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20100029661 


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 its addition to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  He states that he joined Company A, 406th Regiment, 102nd Infantry Division, as a replacement, on 16 November 1944.  On 21 November 1944, they attacked and secured the high grounds.  The Germans counterattacked their positions in the afternoon.  When they went to the front lines, they were hit with artillery.  Three of his men received flesh wounds, were treated, and sent back to rejoin the company.  Ten days or two weeks later, they received letters from home.  Their families had been notified of their injuries, but were not told how severe their wounds were.  Of course, they all imagined the worst, loss of a leg, arm, or some other disability.  After that none of the men in their company would complete a form when they were treated for some minor injuries.

3.  He also states that he personally received treatment for an eye injury while advancing on Krefeld.  After the battle subsided, he went to the first aid station (field hospital) and received some aid for his injured eye.  They applied some salve and had him apply it twice a day until it healed.  Since there are no records of his injury, he did not receive the Purple Heart.  He sincerely wishes that his request is approved.




4.  He provides:

* Orders for the Bronze Star Medal and Bronze Star Medal with Oak Leaf Cluster
* Bronze Star Medal with Oak Leaf Cluster Certificate
* WD AGO Form 53-55

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, the reconstructed records contain sufficient documentation and documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  His available military records show he was inducted into the Army of the United States on 28 July 1943 and he entered active duty on 18 August 1943.  

4.  He served overseas in the European Theater of Operations (ETO) from 10 January 1944 to 6 May 1945.  At the time of his separation, he was assigned to Company A, 406th Infantry Regiment and had performed duties as an infantry squad leader.

5.  He was honorably discharged on 4 November 1945 in the grade of sergeant.  His WD AGO Form 53-55 the FSM shows the following:

* Item 31 (Military Qualification and Date) - the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Carbine Bar 
* Item 32 (Battles and Campaigns) - Rhineland and Central Europe campaigns
* Item 33 (Awards and Decorations) the:

* Bronze Star Medal with Two Oak Leaf Clusters
* European-African-Middle Eastern Theater Service Ribbon with two bronze service stars

* Item 34 (Wounds Received in Action) - "None," to indicate he was not wounded while he served in the ETO  
* Item 55 (Remarks) - Army Lapel Button

6.  His available military record contains three citations for the Bronze Star Medal and Bronze Star Medal with two oak leaf clusters.  He was cited for heroic achievement in Germany on 20 and 28 January and 13 March 1945 in connection with military operations against the enemy.   

7.  There is no available evidence that indicates he was wounded or treated for wounds as a result of hostile action during his service in the ETO.  There are no orders or evidence in the available record that shows he was awarded the Purple Heart.  

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded or injured in action.  There is no evidence available, and the applicant has provided no evidence, which confirms he was wounded or treated for wounds as a result of hostile action while serving in the ETO.  Item 34 of his WD AGO Form 53-55 has the entry, "None," to indicate he did not receive a wound in action against a hostile force.  Based on the foregoing, he does not meet the regulatory requirements for award of the Purple Heart; therefore, regrettably he is not entitled to this award and its addition to his separation document.







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)                                         AR20100029661





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ABCMR Record of Proceedings (cont)                                         AR20100029661



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