IN THE CASE OF:	  

		BOARD DATE:	    30 August 2011

		DOCKET NUMBER:  AR20110000844 


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 that the record of his deceased father, a former service member (FSM), be corrected to show two additional awards of the Purple Heart (PH) [hereafter referred to as PH (2nd Award) and (3rd Award).

2.  The applicant states that his father received multiple combat wounds during “Operation Market Garden” which took place from 17 to 19 September 1944, while assigned to the Regimental Headquarters Company, 502nd Parachute Infantry Regiment in the European Theater of Operations (ETO) during World War II (WWII).  

3.  He adds that the medical documentation he has provided shows his father received medical treatment for his wounds at an aid station, a field hospital and eventually an Army Hospital in England.  The three injuries that his father sustained were all found to be in the line of duty (LOD). 

4.  He states that he remembers that his father had two PHs prominently displayed in a frame along with his other awards and his father sent the third PH to his mother in Colorado.  

5.  He adds that his father passed away on 14 January 1986 and shortly thereafter he realized his father’s military awards and memorabilia were missing.  




6.  The applicant provides copies of:

* proof of relationship 
* an extract from the deceased FSM’s military medical record
* separation documents
* an obituary
* two photographs
* various letters
* an invoice for funeral costs

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 FSM's military record is 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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the documents provided by the applicant.

3.  The FSM's WD AGO Form 53-55 (Honorable Discharge) shows he was inducted into the Army of the United State on 30 December 1943 and he entered active military service on 21 January 1944.  It also shows he served in the ETO during WWII from 29 July 1944 to 29 December 1945.

4.  Item 33 (Decorations and Awards) of the FSM's WD AGO Form 53-55 shows he earned the following awards during his active duty tenure:  European-African-Middle Eastern (EAME) Campaign Medal with bronze arrowhead and three bronze service stars, WWII Victory Medal, Good Conduct Medal, and the PH by Headquarters, 61st General Hospital, General Orders Number 22, dated 
9 October 1944.    
5.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows he was wounded on 17 September 1944, while serving in Holland.  No other wounds or dates are shown.

6.  The FSM’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) lists the following medical conditions and year:

* Concussion right side of face, 1944
* Broken right foot, 1944
* Right eye blurs, 1944
* Fracture right metatarsal, 1944

7.  Other medical documentation provided by the applicant shows his father sustained three injuries which were all determined to be in the LOD.  The first injury was sustained as a result of hostile action in Holland on 17 September 1944.  This form also shows that the other two injuries were incurred on 
20 October 1944, while on a liberty pass in England.  The FSM tripped and accidentally fell down a set of stairs. 

8.  On 17 January 1946, the deceased FSM was honorably discharged after completing 6 months and 11 days of continental service and 1 year, 5 months, and 16 days of foreign service.  

9.  On 26 September 1983, the FSM made an appeal to the Veterans Administration concerning his medical conditions.  In his appeal, he outlined the sequence of events surrounding his medical conditions/injuries and he claimed he sustained the injuries to his face and eye as a result of being hit with shrapnel from an enemy explosive device.  

10.  The applicant provided a copy of a letter from the National Personnel Records Center, dated 5 July 2010.  This letter lists the FSM's authorized awards and decorations and shows his entitlement to one award of the PH.

11.  A copy of the FSM's obituary describes his service in the Army during WWII and provides a list of some of his awards and decorations.  

12.  The applicant provides two photographs.  The first photograph shows his father in uniform and displays the award of the PH (2nd Award). 

13.  A second photograph provided by the applicant displays the FSM's awards in a shadow box, which includes two PH medals. 

14.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 provides guidance on award of the PH.  It states, in pertinent part, that in order to qualify for the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and that a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his father should have been awarded the PH 2nd and 3rd Awards based on three injuries sustained in the LOD during WWII was carefully considered. 

2.  The evidence of record confirms that the FSM was awarded the PH for injuries sustained as a result of hostile action on 17 September 1944.  However, there is no available documentary evidence and the applicant has not provided sufficient evidence that confirms the FSM was wounded in action a second or third time.  Nor has he provided sufficient evidence that confirms the FSM received medical treatment for any combat-related wounds or injuries other than the injury he sustained on 17 September 1944.  The evidence provided shows the FSM sustained the last two injuries as a result of accidently falling down stairs while on liberty pass.

3.  As a result, there is an insufficient evidentiary basis to support award of a second or third PH.  

4.  The applicant should know that this action is based solely on the absence of documentary evidence satisfying the regulatory burden of proof necessary to support award of the 2nd and 3rd Awards of the PH and in no way diminishes the sacrifices his father made in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM’s 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 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)                                         AR20110000844



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ABCMR Record of Proceedings (cont)                                         AR20110000844



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