IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004522 


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 that on 22 March 1945 he was assigned to A Battery, 76th Field Artillery Battalion, manning a 105mm howitzer during a fire mission in which the enemy returned fire.  He goes on to state that they entered their foxholes and when the enemy barrage stopped, they exited and continued to return fire.  However, while exiting the foxhole he cut his right hand but continued to man the gun for the rest of the day and night.  He further states that the wound became infected and he was evacuated to a hospital and he returned on 
27 March 1945.  He continues by stating his records show he was wounded in action; however, his report of physical examination only indicates that he was injured in his right hand while working on a field gun which is probably the reason he was not awarded the Purple Heart. 

3.  The applicant provides some legible and some illegible copies of his medical and service records.

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 the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
 
3.  The applicant was born on 13 August 1918 and was inducted in Salt Lake City, Utah on 3 April 1941.  He completed his training and was awarded the military occupational specialty (MOS) of a truck driver.    

4.  He departed his unit for the European-African-Middle Eastern (EAME) Theater of Operations on 2 July 1944 and arrived on 13 July 1944.  He participated in the Northern France, Ardennes, Rhineland and Central Europe campaigns.

5.  On 11 January 1945, the 76th Field Artillery Battalion was converted from the 105mm howitzers to the British QF 25 PDR guns (87.6 MM towed artillery).  The unit was in a battle position in Neiderdollendorg, Germany on 22 March 1945 and moved 6.4 miles to Holzar, Germany on 22 March 1945, where it remained until 27 March 1945.    

6.  The applicant departed the EAME Theater on 4 November 1945 and arrived in the United States on 11 November 1945.  He was transferred to Fort Douglas, Utah where he was honorably discharged in the rank of corporal on 19 November 1945.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows that he was awarded the American Defense Ribbon, the American Theater of Operations Service Ribbon, the EAME Service Ribbon, the Good Conduct Medal, and the World War II Victory Medal.  Block 14 of that form (Wounds Received in Action) reflects the entry “None.”  

7.  The applicant provides a copy of a document from his records showing an entry of “Injured in action: wound contused right hand mild incurred 22 March 1945 while in combat.  Soldier fell and injured hand.  Evacuated to a hospital. Returned to duty 27 March 1945.”  The entry follows entries dated 29 April and 21 July 1945.  (Contused wound is one in which the skin is not broken).
8.  The applicant's WD AGO Form 38 (Report of Physical Examination) contains an entry of “Injured right hand while working on field gun 1 week General hospital in Paris, France – March 1945 N/S.” 

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

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was injured in action against the enemy is not in doubt there simply is insufficient evidence in this case to establish that his injury was in fact the result of enemy action.

2.  It should also be noted that without the original records to verify the authenticity of the entry showing that the applicant was injured in action in combat on 22 March 1945, it is difficult at best to ascertain what happened in the applicant’s case.  This is especially true given the loss of his records in the 1973 fire at St. Louis and the passage of 65+ years since the event occurred.

3.  Therefore, given the absence of sufficient evidence to show he met the requirements for award of the Purple Heart during World War II there appears to be no basis to award him the Purple Heart at this time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.
2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20110004522



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ABCMR Record of Proceedings (cont)                                         AR20110004522



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