IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110015889
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 is a World War II (WWII) veteran, having served as an infantry platoon sergeant with the 102nd Infantry Division from 25 April 1943 through 11 March 1946. He states he received the Bronze Star Medal, Combat Infantryman Badge, European-African-Middle Eastern Service Medal with two bronze service stars, American Service Medal [American Campaign Medal], Army Good Conduct Medal, and WWII Victory Medal. He concludes by stating he would be very honored to receive the Purple Heart.
3. The applicant provides two letters from the Department of Veterans Affairs (VA), dated 19 April 2011 and 25 April 2011.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his 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. The applicant was inducted into the Army of the United States on 26 April 1943 and entered active duty on 3 May 1943. On 16 March 1946, he was honorably discharged upon demobilization. His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows:
* he departed for the European theater of operations on 1 November 1944 and arrived on 9 November 1944
* he departed the European theater of operations for the United States on 3 March 1946 and arrived on 11 March 1946
* he participated in the Central Europe and Rhineland campaigns
* he was not previously awarded the Purple Heart
* he suffered no wounds while in service
4. His record contains a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement).
Item 11 (List All Significant Diseases, Wounds, and Injuries) of this form contains the entry "second degree burns Camp Hood Station Hospital, TX, July 1943, 9 weeks." This form does not indicate he suffered any combat wounds during his service in WWII.
5. He provides two letters from the VA which show he was determined to have a service-connected disability for an anxiety disorder, not otherwise specified (claimed as post-traumatic stress disorder), rated at 30 percent.
6. 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 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 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart.
2. Notwithstanding the VA medical documentation he submitted, the evidence of record fails to confirm he was wounded in combat and it does not link his medical condition as it existed at the time of his discharge to any particular combat event.
3. Regrettably, in view of the foregoing, there is an insufficient basis to grant relief in this case.
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 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) AR20090012380
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ABCMR Record of Proceedings (cont) AR20110015889
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