IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110014626 


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, the wife of a deceased former service member (FSM), requests award of the Purple Heart for injuries her husband received in Holland during World War II (WWII).

2.  The applicant states the FSM was wounded as a result of enemy action in Holland in 1944 and received the Netherlands Orange Lanyard.  He was a paratrooper with either the 82nd or 101st Airborne Division when he was shot in the groin.  He was taken to the station hospital in Naples, Italy.

3.  The applicant provides the FSM's:

* Certificate of Death
* Military medical records
* Honorable Discharge Certificate
* WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge)

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 FSM'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 the FSM'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 FSM's available record shows he was inducted into the Army of the United States at Fort Sheridan, IL, on 22 August 1942 and he entered active service on 5 September 1942.  He held military occupational specialty (MOS) 931 (Truck Driver Heavy).  The highest rank/grade he held was technician
5th grade (TEC 5)/E-4.  He was honorably discharged by reason of demobilization on 23 September 1945.

4.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55, as corrected by two DD Forms 215 (Correction to WD AGO Form 53-55), dated 10 December 2009 and 12 January 2011, does not show award of the Purple Heart.

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

6.  The U.S. Army Surgeon General Office hospitalization file listing for the year 1944 shows the FSM was treated in a hospital in November 1943 in Italy; however, he was not treated for injuries sustained as a result of hostile enemy action.  Additionally, there is no evidence in the available record showing he sustained any injuries as a result of hostile action.

7.  The applicant provided the FSM's medical records.  However, these records do not indicate the FSM was treated for any wound or injury incurred as a result of hostile enemy action.

8.  The Purple Heart was established by General George Washington at Newburgh, NY, 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 is awarded in the name of the President of the United States to any member of the Armed Forces 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.

9.  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 the wound was the result of hostile action, the wound must have required medical 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 an enemy-placed mine or trap; injury caused by an enemy-released chemical, biological, or nuclear agent; injury caused by a vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy-generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

2.  The FSM's available medical records do not show he suffered a combat wound or injury or that he was treated for a combat wound or injury.  Additionally, there is no reference in his available service records to a combat injury or wound or treatment for such injury or wound.  The FSM's reconstructed record is void of any documentation that shows he was recommended for or awarded the Purple Heart.  There is also no evidence in his service personnel or medical record that shows he was wounded or injured as a result of hostile action or treated for such wounds.

3.  The sincerity of the applicant's comments that the FSM was wounded/injured during WWII is not in question.  However, based on the available record, there is an insufficient evidentiary basis for posthumously awarding him the Purple Heart.

4.  The applicant and all others should know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20110014626



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ABCMR Record of Proceedings (cont)                                         AR20110014626



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