IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110016568 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show he was injured and received the Purple Heart.

2.  The applicant states:

* item 34 (Wounds Received in Action) of his WD AGO Form 53-55 should read "back broken, confined in French hospital 2-3 weeks in June 1944, result of motorcycle mishap"

*	the cause of his accident is unknown and could have been caused by an explosion of mines placed by German troops in the fields on each side of the road (where he was found unconscious)
*	he was in the hospital at least 2 to 3 weeks and was given a heavy leather wrap-around brace and sent back to his company which had moved far inland towards Paris

* some of the details were told to him by his commanding officer
* he was wounded in action in June 1944 in France and he wants his records to reflect his true action
* due to the invasion and subsequent battle on Sugar Red Beach, his company clerk did not have time to record his or any other Soldier's duties on beach or inland


* he was in the Battle for Beaches and his awards prove it
* it is quite evident his duties were not recorded; therefore, all records (if any) must have been from memory only

3.  The applicant provides:

* self-authored statements
* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record
* letter from the National Personnel Records Center, dated 4 August 2011
* DA Form 1577 (Authorization for Issuance of Awards)

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 record is not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents available 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 and other documents provided by the applicant.

3.  The applicant's WD AGO Form 53-55 contains the following pertinent information:

* he was inducted in the Army of the United States on 15 July 1943
* his military occupational specialty was 677 (Military Police, MP)
* he served in the European Theatre of Operations (ETO) from 25 February  1944 to 6 November 1945


* he held the rank of private first class at the time of separation
* he was honorably discharged on 24 November 1945
* he served 7 months and 13 days in the Continental United States (CONUS)
* he served 1 year, 9 months, and 7 days outside CONUS

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the following campaigns:

* Normandy
* Northern France
* Ardennes
* Rhineland
* Central Europe

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

* European-African-Middle Eastern Theater Ribbon with one Silver Battle Star
* Army Good Conduct  Medal
* World War II Victory Medal
* Croix de Guerre
* 3 Overseas Service Bars

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

7.  Item 40 (Reason and Authority for Separation) of his WD AGO Form 53-55 shows he was discharged for the convenience of the government due to demobilization.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 been treated 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.  His WD AGO Form 53-55 does not show he was wounded in action.  He signed this form in item 56.

2.  The applicant states he was an MP and he rode a motorcycle.  He states he was found unconscious along the side of a road in Normandy, France and spent 2-3 weeks in a hospital with a broken back.  He adds, "[T]he cause of the [motorcycle] accident is unknown…."

3.  Criteria for award of the Purple Heart are quite specific; there must be evidence the wound was caused by hostile action, the wound must have been treated by medical personnel and recorded in medical records.

4.  The applicant's recollections are not in dispute; however, without the required evidence, the Purple Heart cannot be awarded.  It is unfortunate the applicant did not raise the issue at his separation, and that his records were destroyed by fire in 1973.  It is also unfortunate he did not raise the issue until some 66 years after the fact.

5.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation; he is a member of America's greatest generation and a true American hero.  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)                                         AR20110016568



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ABCMR Record of Proceedings (cont)                                         AR20110016568



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