IN THE CASE OF:	  

		BOARD DATE:  24 April 2012

		DOCKET NUMBER:  AR20110020390 


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 was injured three times during World War II and was told he could get the Purple Heart, but it would take a while
* his choices were to go home or stay in the Army until he received the medal
* he is a proud American who served his country, but desperately wanted to go home and see his family at the time
* he is now 86 years old and wishes he had waited for his Purple Heart
* his first injury was near "Wiggin," France, in December 1944

*	a bomb loaded with phosphorus hit his side and back
*	he has burns and scars on his back

* his second injury was also in France in December 1944

*	a hand grenade exploded and pieces of shrapnel hit his leg
*	he has a scar on the side of his calf of his leg where the injury occurred

* his third injury was near Nuremberg, Germany, in 1945

* he and his unit were crossing an open field and came under heavy gun fire
* they had nothing to hide behind so he got in a small ditch
* he was shot in the head – the bullet hit his helmet, grazed his head, and cut his left ear

* he has the scars to prove the injuries

3.  The applicant provides:

* self-authored statements
* letter from his State Representative
* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)

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 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 the applicant's War Department Form 372A (Final Payment Work Sheet), 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 into the Army of the United States on 6 July 1944
* his military occupational specialty was 745 (Rifleman)
* he served in the European theater of operations from 29 December 1944 to 8 September 1945
* he held the rank of sergeant at the time of separation
* he was honorably discharged on 22 July 1946
* he served 1 year, 3 months, and 24 days in the continental United States (CONUS)
* he served 8 months and 23 days outside CONUS

4.  Item 31 (Military Qualification and Date) and Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the following:

* Combat Infantryman Badge
* World War II Victory Medal
* European-African-Middle Eastern Theater Ribbon with two bronze battle stars
* one overseas service bar
* Army Good Conduct Medal

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

* Rhineland
* Central Europe

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

7.  The applicant's War Department Form 372A shows he received combat infantry pay.

8.  The evidence of record does not show and the applicant has not provided evidence showing he was wounded as a direct result of enemy action.

9.  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.

10.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injuries, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.

4.  The evidence shows the applicant's records contain an administrative error which does not require action by the Board.  Based on the criteria at the time, the applicant was entitled to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge and adding the Bronze Star Medal to his WD AGO Form 53-55.



      _______ _   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)                                         AR20110020390



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020390



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1