IN THE CASE OF:	   

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110005838 


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 correction of his AGO Form 01254 (Transcript of Military Record) to show this award.

2.  The applicant states he was blown                                                                                            out of a tank while on active duty in Germany during World War II when a bazooka was fired by a German woman.  He suffered a head concussion and severe hearing loss due to this accident.  He did not realize at the time that he should have received the Purple Heart due to his injuries.  He further contends that his injuries were never documented because he was treated in the middle of Germany at a field hospital where records were not kept.  He was treated and sent back to his unit.  His other military records were burned at the National Personnel Records Center (NPRC) fire in 1973.

3.  The applicant provides:

* an AGO Form 01252 (Certificate in Lieu of Lost or Destroyed Discharge), dated 4 March 1949
* an AGO Form 01254, dated 4 March 1949
* an AG Form 1-354 (Statement of Military Qualification and Training), dated 4 March 1949
* two Corporate Award and Rating Data sheets showing he was granted service-connection for bilateral hearing loss effective 25 June 2007


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 NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there are sufficient documents available in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's AGO Form 01254 shows in:

	a.  item 3 (Grade and Date of Rank) the entry Staff Sergeant on 9 August 1945;

	b.  item 4 (Organization) the entry Headquarters and Headquarters Company, 3rd Battalion, 41st Armored Infantry;

	c.  item 6 (Arm or Service) the entry infantry;

	d.  item 7 (Date of Discharge or Separation) the entry 3 February 1946;

	e.  item 12 (Date of Induction) he was inducted into the Army of the United States on 14 October 1943;

	f.  item 14 (Date of Entry into Active Service) the entry 3 November 1943;

	g.  item 25 (Military Qualifications and Date) the:

* Combat Infantryman Badge
* 2nd Class Gunner Badge (Sharpshooter Marksmanship Qualification Badge) with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	h.  item 26 (Battles and Campaigns) the entry Rhineland, Ardennes-Alsace, and Central Europe campaigns;

	i.  item 27 (Decorations and Citations) the:

* Bronze Star Medal
* American Campaign Medal
* European-African-Middle-Eastern Campaign Medal with 3 bronze service stars
* Army Good Conduct Medal
* Army of Occupation Medal with Germany Clasp
* World War II Victory Medal

	j.  item 28 (Wounds Received in Action) the entry "None."

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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:

1.  The applicant's contention that he should be awarded the Purple Heart and his military record should be corrected to show this award for wounds received in Germany during World War II had been carefully considered; however, there is insufficient evidence to support his contention.

2.  There is no available documentation that shows he was wounded in action.  There is no medical evidence that shows he was wounded or that he received treatment for any wounds received as a direct result of enemy action.

3.  In view of the foregoing, regrettably, there is no basis for granting the applicant's request.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20110005838



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ABCMR Record of Proceedings (cont)                                         AR20110005838



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