BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20110000922 


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 he be awarded the Purple Heart.

2.  The applicant states (in a letter to the Department of Veterans Affairs on 15 July 2005), he was twice wounded in action, but was treated locally by medics and not hospitalized because he did not want his family to receive notice that he was wounded in action.  Since the Army did not explain the extent of the injury, he was afraid that such a notice would be fatal to his mother who had a heart condition.

3.  The applicant continues that one of his wounds was being sliced by a dagger, and he still has the dagger and scars from the wound.

4.  The applicant provides:

   a.  Morning reports from his unit.

   b.  Pictures of the dagger he claims cut him, his scar, his medals on a uniform, him and his wife, and him at various functions.

   c.  Newspaper articles.

   d.  Correspondence from a lawyer.

   e.  His award citation for the Silver Star.
   f.  A statement from an individual who states that he witnessed the applicant being slashed in the stomach by a German Soldier on 20 March 1945.  The individual continues that the applicant's wound was treated by the platoon medic and he returned to duty.
   
   g.  An illustrated book written by the applicant  in which he chronicles his exploits during World War II (WWII).  In that book is an article from The Front Line in which the applicant stated "At Utweiller snipers nearly got me as I attempted to run a message back to obtain support against the counterattacking Kraut tanks cutting us to pieces.  I was lucky, in short rushes, to get past a nearby tank on our flank.  But soon ran right into six Boche, one with a Burp gun.  They were so surprised they surrendered."  In this book the applicant also mentions his being slashed by the dagger in an incident unrelated to his Silver Star.

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 Board requested the applicant's military records from the repository in St. Louis, MO, but without success.  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 in that fire.  However, there are sufficient records to make a fair, impartial and equitable determination in this case.

3.  The applicant, a private first class assigned to Company G, 7th Infantry Regiment, was awarded the Silver Star by General Orders Number 256 on 15 July 1945.  In the citation it was stated on 15 March 1945 the applicant, a private first class, "volunteered to make his way three-quarters of a mile back to his company CP, in order to secure armored support for his platoon, which was surrounded in Utweiler, Germany, by a strong tank-infantry force.  After running a gauntlet of machine gun and rifle fire that knocked his helmet off and tank fire at 75 yards range he encountered a machine gun nest 25 yards away.  Despite direct fire, he charged the position, killing one German and taking five others prisoner.  Lining his prisoners up before him, he continued on and completed his mission."

4.  While the applicant did not provide any separation documents with his request, he stated in his application that he was discharged on 17 January 1946.

5.  In a letter dated 30 April 2008, the Human Resources Command (HRC), Awards Branch, informed the applicant's member of Congress of the criteria for award of the Purple Heart, that the applicant himself said that he declined hospitalization for his wounds, and eyewitness statements are insufficient for award of the Purple Heart.

6.  On 18 June 2008, the Awards Branch again responded to the applicant's elected representative stating that the applicant's unit's morning reports did not show he was wounded and suggested that he locate a telegram sent to his parents informing them he was wounded.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There are no military records to corroborate the contention of the applicant and his eyewitness that he was wounded in action.  

2.  However, he himself states that he declined hospitalization for his wounds.  Without medical records of treatment for wounds, he does not meet the regulatory criteria for the Purple Heart.

3.  The regulation governing award of the Purple Heart requires substantiating evidence that verifies the wound was the result of hostile action, the wound required treatment by a medical officer, and that the medical treatment was made a matter of official record.

4.  While there is no doubt that the applicant served his country heroically, regrettably there is insufficient evidence to show he was wounded or treated for such wounds.

5.  As such, there is insufficient evidence in which to approve his request.

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)                                         AR20110000922





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ABCMR Record of Proceedings (cont)                                         AR20110000922



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