BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110021084
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 for a concussion sustained in action during World War II.
2. There was a big explosion as he entered the first bunker (pill-box) while crossing the Siegfried Line. That's all he remembers from that time. He was placed in a body bag but when the sergeant went to get his identification tags he noticed the applicant was breathing. The applicant was in the hospital for two weeks. He declined the Purple Heart because he did not want a telegram sent to his home. The applicant states that the current policy of awarding the Purple Heart for concussion/traumatic brain injury clearly demonstrates that he is entitled to this award.
3. The applicant provides copies of a day-by-day list of the unit's location and actions, and his WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and the citation for his Silver Star.
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 applicants 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 applicants 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. His records were destroyed, lost, or seriously damaged in that fire. However, sufficient documents are available to conduct a fair and impartial review of this case.
3. The applicant was inducted on 6 September 1944. He completed training and served in Europe from 4 February 1945 until 10 July 1946. His awards include the Silver Star, The Good Conduct Medal, Distinguished Unit Award, European- African-Middle Eastern Service Medal with two campaign stars, and the Combat Infantryman Badge.
4. His medical records are not available. There is no available evidence that the applicant was treated for a wound sustained while in action against the enemy or as the result of enemy action. The citation for the Silver Star describes the applicant's actions during an earlier engagement.
5. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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's medical records are not available. Unfortunately, there is no official record that he received medical treatment for a wound that was sustained while in action against an enemy or as a result of hostile action.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20110021084
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ABCMR Record of Proceedings (cont) AR20110021084
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