IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110015746
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 injured by a land mine and spent 1 month in a plaster body cast in Naples, Italy.
3. The applicant provides no additional evidence.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members records at the NPRC in 1973. It is believed that the applicants records were lost or destroyed in that fire.
However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. His WD AGO Form 53-55 (Enlisted Record and Report of Separation) contains the following pertinent information:
* he was inducted into the Army of the United States and he entered active service on 16 July 1942
* his military occupational specialty (MOS) was 745 (Rifleman)
* his unit of assignment was Company C, 361st Infantry Regiment
* he served in the European-African-Middle Eastern Theater of Operations (EAMETO) from 14 June 1944 until his departure en route to the continental United States (CONUS) on 18 December 1945
* he held the rank of private first class (PFC) at the time of his separation
* he was honorably discharged on 31 December 1945 after completing
3 years, 5 months, and 13 days of total active service
* he served a total of 1 year and 21 days in CONUS
* he served a total of 1 year, 6 months, and 22 days of foreign service
4. His WD AGO Form 53-55 further shows in:
* item 32 (Battles and Campaigns) he participated in the Rome-Arno campaign
* item 33 (Decorations and Citations) he was awarded the:
* American Campaign Medal
* EAME Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal
* item 34 (Wounds Received in Action) the entry "NONE"
5. There are no documents in the available record confirming he was wounded in action or awarded the Purple Heart while serving on active duty.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Purple Heart.
2. Regulatory guidance states in order to support the award of the Purple Heart there must be evidence not only that a member was wounded as a result of enemy action, but also that the wound required treatment by military medical personnel, and this treatment was made a matter of official record.
3. Item 34 of his WD AGO Form 53-55 contains the entry None indicating he was not wounded in action during the period of active service covered by the separation document. Further, there are no documents in the available reconstructed record or provided by the applicant showing he was ever wounded in action. As a result, absent any evidence confirming he was wounded in action and/or awarded the Purple Heart by proper authority, the regulatory burden of proof necessary to support award of the Purple Heart has not been met in this case.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relied.
5. The applicant and all others concerned should know that 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.
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) AR20110015746
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ABCMR Record of Proceedings (cont) AR20110015746
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