IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009765
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.
2. The applicant states his military discharge does not show the Purple Heart even though page 2 of his WD AGO Form 100 (Separation Qualification Record) shows he was awarded the Purple Heart.
3. The applicant provides:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* WD AGO Form 100
* letters from the National Personnel Records Center, St. Louis, MO, dated 29 July 2010 and 10 March 2011
* letter from the Military Order of the Purple Heart, dated 12 April 2011
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 complete military records are 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 15 July 1944. He served as a rifleman in the European theater of operations from 4 March 1945 to 15 June 1945.
4. A neuropsychiatric evaluation, dated 11 September 1945, states, "While overseas, he had to be hospitalized because of pain in his legs and back and they would become stiff at times. These symptoms persisted and required evacuation."
5. Item 11 (Remarks) of a WD AGO Form 37 (Report of Proceedings of Board of Officers), dated 25 September 1945, states, "Recommend investigation be made as to whether or not this Soldier is entitled to the Purple Heart and Combat Infantryman Badge and, if so, that they be awarded before discharge."
6. He was honorably discharged on 13 October 1945.
7. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the Purple Heart as an authorized award but does show the Combat Infantryman Badge. Item 34 (Wounds Received in Action) of his WD AGO
Form 53-55 shows the entry "none."
8. There is no evidence in the available record that shows the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action during World War II.
9. He provides a WD AGO Form 100 which shows he was awarded the Purple Heart in the remarks section.
10. Records show the applicant applied to the Adjutant General's Office on 30 December 1950 for award of the Purple Heart for a wound (concussion of lower back from shell burst) received in action on 10 March 1945 in Germany. A disposition form, dated 27 February 1951, shows a request to search his unit's morning reports for a record of wounds received in action during March 1945 was made. A search of his unit's morning reports show he was dropped from his unit's records on 30 March 1945 for a non-battle loss. On 12 March 1951, the applicant was notified by letter the records on file in the Adjutant General's Office did not indicate he was ever wounded in action or received medical treatment for wounds received in action. Therefore, his request for award of the Purple Heart could not be approved.
11. 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available record that shows he was wounded as a result of hostile action during World War II. In the absence of evidence showing he was injured and treated for wounds as a result of hostile action, the entry on his WD AGO Form 100 is not sufficient as a basis for awarding him the Purple Heart or adding it to his WD AGO Form 53-55. Regrettably, there is insufficient evidence with which to base award of the Purple Heart in this case.
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) AR20110009765
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110009765
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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