IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009801
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 he was hit by shrapnel in his right hand on 30 December 1944, while serving in the 137th Infantry Regiment. He was treated on the battlefield and evacuated on 31 December 1944 to the 48th General Hospital in Paris, France. He was treated for his wounds for three and one-half weeks and then he was returned to active duty and rejoined his unit.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and his Honorable Discharge Certificate.
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 applicants 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 applicants 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 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 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's available records show he was inducted into the Army of the United States on 22 July 1943, entered active duty status in Springfield, IL, on 12 August 1943, and he held military occupational specialty 761 (Scout). He was assigned to Headquarters Company, 137th Infantry Regiment. He served in the European theater of operations from 17 September 1944 through 21 August 1945.
4. His reconstructed record contains a Headquarters Company, 137th Infantry Regiment morning report, dated 28 December 1944, wherein it shows the applicant's duty status was changed from duty to "Slightly wounded, not in action" while stationed at Tintange, Belguim.
5. On 29 November 1945, he was honorably discharged by reason of demobilization. The WD AGO Form 53-55 he was issued shows the following entries:
* Item 33 (Decorations and Citations) - Army Good Conduct Medal, World War II Victory Medal, European-African Middle Eastern Campaign Service Medal with three bronze service stars, American Theater Service Medal
* Item 34 (Wounds Received in Action) "None"
6. There is no evidence in the reconstructed records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
7. 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 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. There is no evidence in applicant's reconstructed records and he has provided no evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. Notwithstanding his sincerity, in the absence of documentary evidence, there is no basis for granting his request for award of the Purple Heart.
2. Nevertheless, 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) AR20110009801
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ABCMR Record of Proceedings (cont) AR20110009801
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