IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110022254
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 that he be awarded the Purple Heart for injuries received during World War II (WWII).
2. The applicant states that he was hit in the knee by shrapnel from a mortar round that exploded nearby and was taken to a medic who examined his wound, patched him up and sent him back to battle because everyone was needed. He goes on to state that with all of the death and devastation that was going on at the time neither his wound or his treatment was documented and he was not awarded the Purple Heart. He continues by stating that he had knee surgery 18 years ago and the doctors found shrapnel in his knee.
3. The applicant provides a copy of a newspaper article of an interview with him in 2001, a copy of his WD AGO Form 53-55 (Honorable Discharge) and a copy of a letter to his congressional representative.
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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted at Camp Forrest, in Tullahoma, Tennessee on 17 August 1944. He completed his training and departed for the European Theater of Operations (ETO) on 8 January 1945. He was assigned to Headquarters and Headquarters Company, 8th Infantry Regiment, 4th Infantry Division and served in the Ardennes, Rhineland and Central Europe campaigns.
4. After serving 6 months and 2 days of foreign service he departed the ETO on 2 July 1945.
5. On 6 July 1946 he was honorably discharged in the rank of technician fourth class. He had served 1 year, 10 months and 20 days of active service and his WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge, the American Theater Service Ribbon, European-African-Middle Eastern Theater Ribbon with three bronze service stars, the Good Conduct Medal, the WWII Victory Medal and the Army Occupation Medal. In block 34, under Wounds Received in Action is the entry None.
6. 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. While the sincerity of the applicants claim that he was wounded/injured during WWII is not in doubt, the available evidence of record and the evidence submitted with his application are insufficient to support his contention.
2. The available evidence does not show that he was injured/wounded as a result of enemy action and that treatment by medical personnel was made a matter of record.
3. Given the loss of his official records and the passage of 65+ years, it is difficult at best to determine what happened in his case. Therefore, in the absence of sufficient evidence to show that he was wounded, that his injury was the result of enemy action and that treatment was made a matter of record, there appears to be no basis to grant his request for award of the Purple Heart at this time.
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 concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during WWII. 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) AR20110022254
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ABCMR Record of Proceedings (cont) AR20110022254
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