BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110011819 


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 correction of his records to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for injuries he suffered in combat outside of Rome, Italy, in 1944 when a shell exploded near him and he suffered a concussion.

	a.  He states he was treated and spent 9 days at an Army field hospital. Before being released, he was presented with the Purple Heart and a letter was sent to his parents.  He does not have the letter, but he has the medal set.

	b.  His WD AGO Form 100 (Separation Qualification Record) shows he served 18 months in the European theater of operations (ETO) and he was awarded three battle stars, the Army Good Conduct Medal, Combat Infantryman Badge, and Purple Heart.

	c.  He was recently informed by the Department of Veterans Affairs that they have no record of his injury.

	 d.  In response to a letter to the National Personnel Records Center (NPRC), he was informed that there is no record of his injuries or the Purple Heart because his records were burned in the fire that occurred in 1973.   He was surprised to receive a Bronze Star Medal and World War II Victory Medal at that time.

3.  The applicant provides a copy of his WD AGO Form 100.

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 service records are not available to the Board 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 were sufficient available documents 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 14 August 1943 and he entered active service on 4 September 1943.

4.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was honorably discharged on 8 November 1945.  He completed 8 months and 5 days of continental service and 1 year, 5 months, and 29 days of foreign service.  It also shows in:

	a.  item 4 (Arm or Service), Infantry;

	b.  item 6 (Organization), Company D, 349th Infantry Regiment;

	c.  item 30 (Military Occupational Specialty and Number), Light Mortar Gunner, 607;

	d.  item 31 (Military Qualification and Date), Combat Infantryman Badge;

	e.  item 32 (Battles and Campaigns), Po Valley, Northern Apennines, and Rome-Arno;

	f.  item 33 (Decorations and Citations), European-African-Middle Eastern Campaign Medal and Army Good Conduct Medal;

	g.  item 34 (Wounds Received in Action), "None"; and

	h.  item 56 (Signature of Person Being Separated), applicant's signature.

5.  A WD Form 372A (Final Payment – Work Sheet) shows the applicant was due pay for the period 1 August to 8 November 1945.  The Pay for Awards line of the Credits section is blank.  It also shows the applicant was discharged on 8 November 1945 and that he placed his signature on the document certifying he received payment on that date.

6.  There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

7.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  A search of these files failed to show the applicant was wounded or injured as a result of enemy action.

8.  The applicant provides his WD AGO Form 100 that shows he entered active service on 14 August 1943 and he was separated on 8 November 1945.

	a.  It also shows in item 23 (Remarks) of the Additional Information section:

* "Served ETO  18 months"
* "3 Battle Stars"
* "Good Conduct Ribbon"
* "Combat Infantry Badge"
* "purple Heart"

	b.  The area under the Purple Heart entry appears to have been erased.  Also, the font type and size for the Purple Heart entry is different from the four line-entries above it.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart because he suffered injuries in combat outside of Rome, Italy, in 1944 and he was presented with the Purple Heart before being released from the hospital.

2.  The applicant's claim to the Purple Heart was carefully considered.

	a.  The entry for the Purple Heart on the copy of the WD AGO Form 100 that the applicant provides is not consistent with the other entries directly above it.  Therefore, the evidence he provides is, at best, questionable.

	b.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	c.  There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

	d.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20110011819



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ABCMR Record of Proceedings (cont)                                         AR20110011819



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