IN THE CASE OF:  

		BOARD DATE:  19 April 2012

		DOCKET NUMBER:  AR20110019483 


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 sustained shrapnel wounds on his right hip during combat action in Belgium.  He should have been awarded the Purple Heart.

3.  The applicant provides his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement).

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 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 his 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 1 January 1943 and entered active duty at Fort Bragg, NC, on 13 January 1943.  He held the military occupational specialty 931 (Truck Driver Heavy).  The highest rank he attained while serving on active duty was private first class (PFC).

4.  His available record contains an Armed Forces Original Department of Selective Services (D.S.S.) Form 221 (Report of Physical Examination or Induction) that shows in section IV (Physical Examination Results), item 43 (Skin), the entry "normal."

5.  His available record contains a WD AGO Form 38 that shows in item 15 (Skin), the entry "Scar right hip, existed prior to service (EPTS)."

6.  His available records do not contain orders awarding him the Purple Heart, nor do they contain medical documentation showing he sustained a wound as a result of hostile action, that he was treated by medical personnel, or that the treatment was made a matter of official record.

7.  His available record contains a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) that shows he was honorably discharged on 18 December 1945 for the convenience of the Government at demobilization.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show award of the Purple Heart.

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

10.  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 the wound was the result of hostile action, the wound must have required medical 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 an enemy-placed mine or trap; injury caused by an enemy-released chemical, biological, or nuclear agent; injury caused by a 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 criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

2.  His available record shows the scar on his right hip existed prior to his service.

3.  The applicant's available records do not show he suffered a combat wound or injury or that he was treated for a combat wound or injury.  Additionally, there is no reference in his available service records to a combat injury or wound or treatment for such injury or wound.  His reconstructed record is void of any documentation that shows he was recommended for or awarded the Purple Heart.  There is also no evidence in his service personnel or medical record that shows he was wounded or injured as a result of hostile action or treated for such wounds.

4.  The sincerity of his assertion that he was wounded/injured during World War II is not in question.  However, based on the available record, 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 that 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)                                         AR20110019483



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ABCMR Record of Proceedings (cont)                                         AR20110019483



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