BOARD DATE:	    2 February 2012

		DOCKET NUMBER:  AR20110015862 


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 served honorably in World War II with the 86th Chemical Mortar Battalion and was injured in 1945 during a battle in the Hurtgen Forest.  The barn he was taking shelter in was hit, and an explosion occurred which resulted in his head and body being hit by debris and shrapnel.  He further states he was examined at the time and determined to be okay and was sent back to his unit.  Upon returning to the United States, he experienced increased problems with his vision.  He was examined and it was determined the pressure in his head was due to experiencing a head injury during the explosion.  He later underwent surgery to remove a portion of his skull to relieve pressure on his brain and has been receiving disability benefits from the Department of Veterans Affairs (DVA) ever since.

3.  The applicant provides:

* a self-authored statement
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Honorable Discharge Certificate
* DVA Service Connected Disability Rating




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 record is 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55.

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 August 1943 and entered active service on                   15 September 1943, at Toledo, OH.  The form contains the following pertinent information:

* Item 6 (Organization) shows Company A, 86th Chemical Battalion
* Item 7 (Date of Separation) shows 8 November 1945
* Item 30 (Military Occupational Specialty) shows Automotive Mechanic  014
* Item 32 (Battles and Campaigns) shows Normandy, Northern France, Ardennes, Rhineland, and Central Europe 
* Item 33 (Decorations and Citations) shows the:

* American Theater Ribbon
* European African-Middle Eastern Campaign Medal with 5 bronze service stars
* Army Good Conduct Medal
* World War II Victory Medal

* Item 34 (Wounds Received in Action) shows “Not Available”

* Item 36 (Service Outside Continental United States (OCONUS) and Return) shows the applicant:

* departed the United States on 18 April 1944 and arrived in the European- African Theater of Operations (EATO) on 26 April 1944
* departed the EATO on 1 July 1945 and arrived in the United States on 10 July 1945

* Item 37 (Total Length of Service) shows he completed 11 months and    21 days of continental service and 1 year, 2 months, and 23 days of foreign service
* Item 38 (Highest Grade Held) shows Tec 4
* Item 56 (Signature of Person Being Separated) shows he reviewed and authenticated this document with his signature at the time of separation.

4.  His available service records do not contain official orders awarding him the Purple Heart.

5.  He submitted a copy of a DVA letter, dated 23 May 2011, that confirms he is in receipt of disability compensation from the DVA on account of service-connected disability effective 23 September 1950.  His condition is shown as residuals of arachnoiditis, chronic, postoperative, manifested by headaches.  It is a neuropathic disease caused by the inflammation of the arachnoid, one of the membranes that surround and protect the nerves of the central nervous system, including the brain and spinal cord.

6.  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.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record does not show he suffered or was treated for a combat wound or injury.  Additionally, there is no reference in his service records to a combat wound or injury or treatment for such wound or injury.  His records are void of orders which show he was awarded the Purple Heart and the documents he submitted does not show he was wounded or injured as a result of hostile action or treated for such wounds.

2.  His WD AGO Form 53-55 shows he sustained no wounds in action and he authenticated this document at the time of separation.  In addition, by his own admission a wound was never treated by medical personnel in the field or made a matter of official record.

3.  Notwithstanding the applicant's sincerity, in the absence of additional documentation which conclusively shows the applicant 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, regrettably, an insufficient basis for awarding him the Purple Heart.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  He 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)                                         AR20110015862



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ABCMR Record of Proceedings (cont)                                         AR20110015862



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