BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110013444 


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 wounded in the Tunisian campaign in Northern Africa in 1943.  He was hospitalized and then returned to his organization but he was not awarded the Purple Heart.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Honorable Discharge Certificate
* Newspaper article
* Bank statement verifying Department of Veterans Affairs service-connected disability compensation

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 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 his 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 WD AGO Form 53-55 shows he was recalled to active duty from the Enlisted Reserve Corps and entered active duty at Jefferson Barracks, MO, on 28 January 1942.  This form also shows that at the time of separation he held military occupational specialty 931 (Heavy Truck Driver) and he was assigned to Battery C, 9th Field Artillery Battalion.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 24 October 1942 and arrived in the African-Middle Eastern Theater of Operations (AMETO) on 8 November 1942.  He departed the AMETO on 12 August 1944 and arrived at the European Theater of Operations (ETO) on 15 August 1944.  He departed the ETO on an unknown date and arrived back in CONUS on 19 June 1945.

5.  He completed 9 months and 5 days of continental service and 2 years, 7 months, and 26 days of foreign service.  He was honorably separated on 28 June 1945.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows during his service in World War II, he participated in the French Morocco, Tunisian, Sicilian, Naples-Foggia, Rome-Arno, Southern France, Rhineland, and Central Europe campaigns.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the:

* Army Good Conduct Medal
* Croix de Guerre with Palm
* American Defense Service Ribbon
* European-African-Middle Eastern Campaign Medal with eight bronze service stars
* Five Overseas Service Bars

8.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

9.  Headquarters, 3rd Infantry Division awarded him the Bronze Star Medal for valorous conduct in action against the enemy on 21 August 1944.  The orders cited the following action:

At Aix en Provence, France, when [Applicant's] 1/4 ton vehicle drew direct fire at a blown out bridge, his prompt and courageous actions saved four men, a vehicle, and essential O.P. [observation post] equipment from destruction. Four shells from an enemy 75mm AT [anti-tank] gun 600 yards away burst at 20 yards from the exposed vehicle.  Without hesitation, [Applicant] drove the vehicle 300 yards across an open field, under continuing enemy fire, to shelter and after making a foot reconnaissance found a sheltered route to drive the vehicle, men, and equipment to safety.

10.  The applicant submitted various letters from Members of Congress expressing support for awarding him the Purple Heart and a bank statement showing receipt of VA service-connected disability compensation.  He also submitted a newspaper article listing his campaigns as well as the citation for the Bronze Star Medal.  The article states the applicant was wounded in the Tunisian campaign and he was hospitalized there.  It also states a prized letter in his possession reads as follows:  

12 June 1943
TO C.O [Commanding Officer], 26th Guard Hospital
Subject: [Applicant, Service Number]
1.  Request that [Applicant] be returned to his organizational Battery "C" 9th Field Artillery Battalion upon release from 26th Gen. [General] Hospital.
2.  [Applicant] is a 1-4 ton driver and is a valuable man to his organization.
3.  If transportation is not available notify C.O. battery "C" 9th F.A. Bn and transportation will be furnished.
Signed JCK, Jr., 1st Lt. Btry "C," 9th FABn, Commanding

11.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

13.  A review of the applicant's records indicates entitlement to an additional award which is not listed on his WD AGO Form 53-55. 

14.  Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart, however, based on his submissions it is presumed he desires to have his WD AGO Form 53-55 corrected to show all awards that he may be authorized.  

2.  The applicant served a qualifying period of service for award of the World War II Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show it.

3.  The applicant was awarded the Bronze Star Medal which is not shown on his WD AGO Form 53-55; therefore he is entitled to correction of his WD AGO Form 53-55 to show it.

4.  With respect to the Purple Heart: 

	a.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's newspaper article was noted.  However, the source of the article is unknown and the article itself does not show the applicant's hospital stay was related to a combat injury.

	c.  Notwithstanding his sincerity, there is no evidence in his record that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  __X_____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of the applicant's WD AGO Form 53-55 the Bronze Star Medal and World War II Victory Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.



      _______ _   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)                                         AR20110013444



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ABCMR Record of Proceedings (cont)                                         AR20110013444



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