IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110004265 


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.  He also requests to be granted Combat-Related Special Compensation (CRSC).

2.  The applicant states:

* he received combat injuries on 15 March 1945 near Germany
* he was in a segregated unit with poor administration records
* he would like his application for CRSC approved

3.  The applicant provides:

* CRSC denial letter
* Department of Veterans Affairs (VA) Corporate Award and Rating Data
* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 31 July 1953
* DD Form 215 (Correction to DD Form 214)

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.  He was inducted into the Army of the United States on 29 January 1944 and he entered active duty on 21 February 1944.  He served in the European theater of operations from 24 November 1944 to 2 September 1945.  He was honorably discharged on 25 April 1946.

3.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "None."

4.  His service record shows he served in:

* France from 4 January 1945 to 23 March 1945
* Germany from 24 March 1945 to 26 May 1945

5.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

6.  The Medals, Decorations, and Citations section of his service record does not show entitlement to the Purple Heart.

7.  Item 11 (List All Significant Diseases, Wounds, and Injuries) of his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 23 April 1946, shows the entry "No malaria or syphilis."

8.  He enlisted in the Regular Army on 10 November 1947.  He served in Korea and was honorably discharged on 18 November 1951 for the purpose of reenlistment.

9.  He reenlisted on 19 November 1951.  On 31 July 1953, he was honorably retired by reason of permanent physical disability.  Item 38 (Remarks) of his DD Form 214 for the period ending 31 July 1953 shows the entry "Schizophrenic reaction, mixed-type, chronic, severe, not in remission."  His DD Form 214 also shows he completed 7 years, 10 months, and 26 days of active service for retirement purposes.

10.  In support of his CRSC claim, he provides a VA document which indicates he was granted 30-percent service-connected disability compensation for schizophrenia, competent.

11.  On 6 August 2003, the U.S. Army Physical Disability Agency CRSC Branch disapproved the applicant's request for CRSC because he did not meet the eligibility requirements.  His application was declined because he had less than 20 years of active service.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

13.  CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, states that eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for Reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, specialty hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war.  Such disabilities must be compensated by the VA and rated at least 10-percent disabling.  For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they have been awarded the Purple Heart and are rated at least 10-percent disabled or who are rated at least 60-percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.  CRSC benefits are equal to the amount of VA disability compensation offset from retired pay based on those disabilities determined to be combat-related.

DISCUSSION AND CONCLUSIONS:

1.  He contends he received combat injuries on 15 March 1945 near Germany.  However, his service record shows he was in France on this date and that he served in Germany from 24 March 1945 to 26 May 1945.

2.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

3.  Since eligible members for CRSC must have 20 years of service for retired pay computation and the applicant only completed 7 years, 10 months, and 26 days for retirement purposes, there is no basis for granting his request for CRSC.

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)                                         AR20110004265



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004265



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1