IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017955
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 and correction of item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. The applicant states:
* item 34 of his WD AGO Form 53-55 should be corrected
* he fractured his left forearm on 8 June 1944
* while on assignment from the hospital to rescue a pilot who had been shot down and landed in a tree, his ambulance came under fire
* he jumped out of the ambulance and rolled into a ditch and he sprained his ankle and broke his left arm
* he was treated for his injuries
3. The applicant provides:
* WD AGO Form 53-55
* service medical records
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 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 17 January 1944 and he entered active service on 4 February 1944. He served as a chief clerk in the European-African-Middle Eastern theater of operations from 7 August 1944 to 21 August 1945. On 12 November 1945, he was honorably discharged.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 of his WD AGO Form 53-55 shows the entry "None."
5. There is no evidence in the available record that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. In support of his claim, he provides service medical records which show he was hospitalized on 8 June 1944 for a fractured left forearm. However, these medical records do not show this injury was the result of hostile action.
7. Army Regulation 600-8-22 (Military Awards) states 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. He contends he fractured his left forearm on 8 June 1944 when he jumped out of an ambulance that was under hostile fire.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
* official orders awarding the decoration
3. There is no evidence in the available record that shows the applicant was wounded as a result of hostile action during World War II. The service medical records provided by the applicant do not show his fractured forearm was the result of hostile action. Regrettably, there is an insufficient evidentiary basis for awarding him the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110017955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110017955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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